Most buyers walk into a real estate transaction knowing two numbers: the purchase price and the deposit. What happens between those two moments — the accepted offer and the closing — is a structured legal process governed by Ontario statute, common law, and decades of conveyancing practice. Understanding it puts you in control.

This guide walks you through every stage of a residential purchase in Ontario, written plainly and precisely by a lawyer who handles these transactions and has the financial literacy to explain not just the what, but the why.

Everything begins with the Agreement of Purchase and Sale (APS) — a binding contract the moment it is signed and communicated by both parties. In Ontario, most residential APSs are drafted on the Ontario Real Estate Association (OREA) standard form, though custom agreements appear frequently in commercial and new-build transactions.

The APS establishes the foundational terms of the deal: the purchase price, the deposit structure, the closing date, the inclusions and exclusions (appliances, fixtures, chattels), and any conditions the parties have negotiated.

Once all conditions are waived and the deal is firm, the APS becomes your governing document. Your real estate lawyer will review it in detail, and you should send it to your lawyer as soon as possible after signing — not two weeks before closing.

The deposit, typically 5% of the purchase price, is held in trust by the listing brokerage and forms part of your down payment on closing. If you fail to complete the transaction without legal justification, you may forfeit it. If the seller fails to close, you are entitled to its return and potentially damages beyond that.

In Ontario, a lawyer is legally required to complete a real estate transaction. This is not optional, and no notary or paralegal can substitute. Your lawyer's role is central: they review the APS, conduct title searches, receive and satisfy mortgage instructions, calculate and manage the flow of closing funds, and register the transfer and mortgage electronically on closing day.

Retain your lawyer early — ideally the same week your offer is accepted. The timeline between a firm APS and closing is often just 30 to 60 days, and the work required is substantial.

Your lawyer will send you a retainer agreement outlining legal fees, disbursements, and their obligations to you. Read it carefully. Understand what is included in the flat fee (if any) and what disbursements — title insurance, registration fees, title search costs — are passed through to you.

This is the stage most buyers never see — but it is where your lawyer earns their fee.

A title search examines the history of ownership and encumbrances registered against the property in the Ontario land registry system. Your lawyer is looking for anything that clouds your ability to receive clear, marketable title on closing day.

Your lawyer will also order a title insurance policy from a provider like FCT or Chicago Title. Title insurance protects you (and your lender) against losses arising from title defects, fraud, survey issues, and matters that a search might not reveal — including the rare but devastating scenario of title fraud.

If you are financing your purchase, your lender — whether a bank, credit union, or private lender — will issue mortgage instructions to your lawyer. These are a comprehensive set of requirements your lawyer must satisfy before the lender will advance funds on closing day.

Mortgage instructions typically require your lawyer to confirm: that title is clear and insurable, that the property is the correct legal description and matches the lender's appraisal, that all prior encumbrances will be discharged from proceeds, that the property taxes are current, and that the appropriate fire insurance coverage is in place with the lender noted as loss payee.

Your lawyer acts for both you and your lender in most residential transactions — a dual-client representation that is standard practice in Ontario conveyancing. This requires your lawyer to balance two sets of interests, both of which are ultimately aligned: completing a clean, properly registered transaction.

After completing the title search, your lawyer submits requisitions to the seller's lawyer — a formal written list of matters that must be resolved before your lawyer can certify title and proceed to closing. This is one of the most important steps in the process, yet it is almost entirely invisible to buyers.

Common requisitions include demands for: proof of discharge for existing mortgages, clearance of outstanding executions, resolution of open building permits, confirmation that there are no realty tax arrears, and correction of any discrepancies in the property's legal description.

The seller's lawyer must respond to requisitions within the timeframe prescribed by the APS — typically on or before the "requisition date." If the seller cannot resolve a legitimate title issue, the buyer may have the right to refuse to close and recover their deposit, along with any additional damages suffered.

Closing day is when ownership legally transfers. In Ontario, most residential closings are conducted electronically through the Teraview system — there is no "closing table" where parties gather in person. Your lawyer handles the registrations remotely, and possession typically occurs when the seller's lawyer confirms funds have been received and authorizes key release.

Here is the sequence of events on a standard closing day:

If there is a title defect or last-minute issue discovered on closing day, your lawyer has the obligation and the tools to address it — whether that means negotiating a closing extension, holding back funds in trust to cover outstanding items, or advising you of your legal options if the seller cannot close.

One of the most common sources of stress for buyers is underestimating closing costs. Budget a minimum of 1.5% to 4% of the purchase price in closing costs beyond your down payment. Here is where that money goes:

Within a few weeks of closing, your lawyer will send you a reporting letter — one of the most important documents you will ever receive and one that most buyers file away without reading. This package contains:

Your copy of the registered Transfer (your deed), confirmation of mortgage registration, a copy of the title insurance policy, a copy of the survey (if obtained), final accounting of all funds that passed through trust, and confirmation that all prior encumbrances have been discharged.

Keep this package in a safe, permanent location. In the event of a future sale, dispute over title, refinancing, or estate administration, this documentation is foundational.

If you purchased a new construction property, there are additional considerations: Tarion warranty enrollment, PDI (Pre-Delivery Inspection) documentation, HST rebates, and the potential for builder-imposed closing delays governed by your purchase agreement and Ontario's New Home Construction Licensing Act. These transactions warrant their own dedicated article — and their own dedicated lawyer.

A real estate transaction, done properly, is a seamless experience for the buyer. The legal machinery running in the background — title searches, requisitions, mortgage instructions, electronic registration — is designed to be invisible precisely because a good lawyer handles it proactively. When something goes wrong, that machinery becomes very visible, very quickly.

The best protection you have is a lawyer who understands not just the conveyancing, but the financial stakes behind it. That is what Silver Crest Law brings to every file.

Losing your job is disorienting. When the termination is unexpected or feels unjust, the temptation is to accept the first number your employer puts in front of you and move on. That is often a costly mistake. Ontario law provides meaningful protection to employees who are dismissed without just cause — protections that go far beyond what most employees know they have.

This guide explains the legal framework governing dismissal in Ontario: the difference between statutory minimums and common law entitlements, what constructive dismissal means, your duty to mitigate, and how to protect your interests if you have been let go.

Wrongful dismissal does not mean your employer was unkind or your termination was a surprise. In Ontario law, it means you were dismissed without being provided adequate notice — either working notice or pay in lieu of notice.

Employers have the right to terminate employment at any time for business reasons. The obligation is simply to provide appropriate notice. When they fail to do so, the dismissal is wrongful, and you are entitled to compensation for that notice period.

Just cause is the narrow exception. If an employer can demonstrate that your conduct was so serious — dishonesty, gross insubordination, theft, wilful misconduct — that the employment relationship was fundamentally broken, they may be entitled to dismiss you without any notice at all. Courts interpret just cause strictly. A pattern of tardiness, a single mistake, or underperformance without prior warnings rarely constitutes just cause.

The Employment Standards Act, 2000 (ESA) sets the floor for notice entitlements. After one year of service, most employees are entitled to at least one week’s notice per year of service, up to a maximum of eight weeks under the ESA. Employees whose total compensation exceeded $2.5 million (at the payroll level) may also be entitled to severance pay of up to 26 weeks under the ESA.

However, the ESA is not the ceiling. Unless your employment contract expressly limits termination entitlements to the ESA minimum (and that limitation clause is properly drafted and enforceable), you are also entitled to reasonable notice at common law — which is typically far more generous.

Common law reasonable notice is determined by what is known as the Bardal factors, established by the Ontario courts:

• Age of the employee
• Length of service
• Character of employment (seniority, specialization)
• Availability of similar employment given training and experience

In practice, a senior employee in a specialized role, dismissed after many years of service, may be entitled to 12, 18, or even 24 months’ pay at common law — far beyond the ESA maximum of eight weeks. The gap between an uninformed settlement and a proper legal entitlement can be substantial.

Not every dismissal involves a formal termination notice. Constructive dismissal occurs when an employer makes a unilateral, fundamental change to the employment relationship — one significant enough that a reasonable employee would feel they had no choice but to resign.

Examples of constructive dismissal include: a substantial reduction in pay or benefits, a significant demotion, relocation to a distant location without consent, a hostile work environment created by the employer, or stripping core responsibilities from a senior role.

If you have been constructively dismissed and resigned as a result, you are entitled to the same notice and severance entitlements as if you had been formally terminated. However, the analysis is fact-specific and timing matters. If you continue working for too long after the change, you may be found to have accepted it.

Once you are dismissed, you have a legal obligation to make reasonable efforts to find comparable employment. This is called the duty to mitigate. Your damages (i.e., your notice period) will be reduced by any income you earn in comparable employment during that period.

Mitigation does not mean accepting any job offered. You are not required to accept a demotion, a different field, or a role materially inferior to your pre-termination position. However, you are expected to actively search and to accept suitable comparable work when it arises.

Practical steps to document your mitigation efforts: keep a log of applications made, responses received, and interviews attended. If your former employer challenges your mitigation at trial, your documentation will be critical.

In some terminations, the dismissal is connected to a protected ground under the Ontario Human Rights Code — age, disability, pregnancy, family status, race, religion, or another enumerated ground. If so, you may have a claim under the Human Rights Code in addition to your wrongful dismissal claim, which can result in additional compensation for injury to dignity and additional general damages.

Bad faith in the manner of dismissal — for example, making false allegations against you to justify termination, or humiliating you in the workplace — can also attract what Ontario courts call Wallace or Honda damages: additional compensation beyond the notice period for the manner in which you were let go.

If you have just been terminated or believe you are about to be:

Most entrepreneurs start as sole proprietors: simple, inexpensive, and immediate. But as your business grows — generating meaningful revenue, taking on employees, signing leases, entering significant contracts — operating as an unincorporated individual exposes you to personal liability and leaves significant tax planning advantages on the table.

Incorporating your business is not a formality. It is a strategic decision with real legal and financial consequences. This guide explains those consequences plainly.

A sole proprietorship is not a separate legal entity. You and your business are one and the same in the eyes of the law. If your business incurs debt, is sued, or fails — your personal assets (home, savings, investments) are fully exposed.

A corporation is a distinct legal person. It can own property, sign contracts, sue and be sued — in its own name. Your liability as a shareholder is generally limited to what you invest in the corporation. A creditor of the corporation cannot pursue your personal assets, provided you have not personally guaranteed obligations (which banks will often require for early-stage businesses) and have not engaged in conduct that pierces the corporate veil.

The most compelling reason many Ontario professionals incorporate is tax. The federal small business deduction reduces the federal corporate tax rate to approximately 9% on the first $500,000 of active business income earned in a Canadian-controlled private corporation (CCPC) — compared to the top marginal personal income tax rate in Ontario of over 53%.

This creates a powerful tax deferral: income retained in the corporation is taxed at the lower corporate rate. You pay the personal rate only when you extract that money as salary or dividends. This deferral allows you to grow capital inside the corporation at a significantly faster rate.

Additionally, incorporating allows you to income-split with family members who are shareholders (subject to the TOSI rules), and to structure your exit or succession using tools like the lifetime capital gains exemption on qualifying small business shares — which can shelter over $1 million of capital gains from tax entirely.

You can incorporate either federally (under the Canada Business Corporations Act) or provincially (under the Ontario Business Corporations Act). Most small businesses with Ontario operations incorporate provincially — it is simpler, less expensive to maintain, and sufficient for purely Ontario-based operations. If you expect to operate across multiple provinces, federal incorporation may be preferable.

If your corporation has more than one shareholder, a shareholder agreement is not optional — it is essential. The default rules under the Ontario Business Corporations Act are designed for arm’s-length public companies. They are not designed to protect the interests of co-founders or business partners.

A properly drafted shareholder agreement addresses: how decisions are made (voting thresholds, veto rights), what happens when a shareholder wants to exit (right of first refusal, shotgun clauses), what happens on the death or disability of a shareholder, how disputes are resolved, non-competition and non-solicitation obligations, and founder vesting schedules.

The absence of a shareholder agreement is one of the most common — and most expensive — legal mistakes we see in small business. By the time a dispute arises, it is too late to agree on terms. Get this document in place at the beginning.

Corporations require ongoing maintenance to remain in good standing and to preserve the legal protections they offer. Annual requirements include: filing an annual return with the Ontario government, holding annual meetings of directors and shareholders (or passing resolutions in lieu), maintaining updated minute books, and filing corporate tax returns with CRA.

A corporation whose records are not maintained is at risk of losing its good standing — and potentially its limited liability protection if a court finds that corporate formalities were so disregarded as to justify piercing the corporate veil.

The criminal justice system moves quickly after an arrest. Decisions made in the first hours — what you say to police, whether you consent to searches, how you handle a bail hearing — can have lasting consequences. This guide explains what happens after you are arrested in Ontario and what you should do at each stage to protect yourself.

The Canadian Charter of Rights and Freedoms provides you with fundamental protections the moment you are arrested or detained. These rights are not technicalities — they are constitutional guarantees that exist precisely to protect individuals in their most vulnerable moments with the state.

The answer to “what should I say to police?” is almost always: as little as possible, and nothing substantive until you have spoken to a lawyer.

Police are trained to conduct interviews. Anything you say — including explanations, denials, and even “helpful” context — can be used as evidence against you. Innocent people make statements that are later taken out of context. Half-remembered timelines become inconsistencies. Well-intentioned explanations become admissions.

You may provide your name and address when legally required to do so. Beyond that, the safest position is: “I am exercising my right to silence and my right to counsel. I would like to speak to a lawyer before answering any questions.” Say this calmly and clearly. Repeat it if necessary. Do not argue, threaten, or resist.

After arrest, you will either be released by police with a promise to appear (for less serious matters) or held for a bail hearing before a justice of the peace. Bail hearings must occur within 24 hours of arrest, or as soon as reasonably possible.

At a bail hearing, the Crown (prosecutor) may seek to have you detained pending trial. The grounds for detention are:

• Primary ground: to ensure you attend court
• Secondary ground: to protect the public
• Tertiary ground: to maintain public confidence in the justice system

For many charges, particularly where you have no prior record and have stable ties to the community, release is the norm. Having a lawyer at your bail hearing significantly increases the likelihood of obtaining reasonable conditions rather than an extended detention.

Once released, your matter proceeds through the Ontario Court of Justice. The first major step is disclosure: the Crown is obligated to provide you (or your lawyer) with all evidence it has collected — police notes, video, witness statements, forensic reports. Reviewing disclosure is foundational to building your defence.

Cases can resolve in several ways: a withdrawal of charges (if evidence is insufficient), a stay of proceedings (if your Charter rights were violated), a guilty plea to a negotiated resolution, or a trial. Your lawyer will advise you on the strength of the Crown’s case and your realistic options at each stage.

Criminal defence is not a matter to handle on your own or to address after you “see how it goes.” The decisions made in the first days of a criminal matter — your statements to police, your bail conditions, your posture in early court appearances — shape everything that follows. An experienced criminal lawyer can identify Charter violations, challenge the admissibility of evidence, negotiate with the Crown, and build a defence strategy from day one.

Early retention also matters because memories fade, evidence disappears, and witnesses become unavailable. The sooner you have legal representation, the better your position.

Separation is a legal reality the moment spouses decide to live separate and apart with no reasonable prospect of reconciliation. In Ontario, you do not need a court order or a formal process to be separated. What you do need — if you want to resolve the legal consequences of your separation in a binding and durable way — is a proper separation agreement.

This guide explains what a separation agreement covers, the critical importance of independent legal advice, the difference between separation and divorce, and the circumstances under which a court can override an agreement that both parties signed.

A separation agreement is a domestic contract under the Family Law Act that can address every aspect of the breakdown of a spousal relationship. Subject to important limitations, it is legally binding once properly executed.

A common misconception: many people believe that executing a separation agreement means they are divorced. They are not.

Separation is a factual state: living separate and apart with no intention to reconcile. It happens immediately and does not require legal documentation or court intervention.

Divorce is a legal status: the dissolution of a marriage by court order under the Divorce Act. In Ontario, you can apply for divorce after one year of separation (the most common ground). A separation agreement does not grant you a divorce. You remain legally married until a divorce order is issued.

The distinction matters for several reasons: remarriage requires a divorce, and some benefits, pension entitlements, and tax filings depend on marital status. Most family lawyers advise obtaining a divorce once the one-year separation period has elapsed and matters are settled.

Under Ontario law, a separation agreement must be in writing, signed by both parties, and witnessed. While independent legal advice (ILA) is not technically required for a separation agreement to be valid, courts use its absence as a key factor when considering whether to set the agreement aside.

Independent legal advice means each party retains their own separate lawyer — not the same lawyer acting for both, which is a conflict of interest. Your lawyer reviews the agreement, explains the legal implications of what you are giving up, and confirms you understand and are signing voluntarily.

Without ILA, a court is more likely to find that a party lacked the information necessary to make an informed decision, or signed under duress or undue influence. This is the single most common basis for setting aside a family agreement.

Under section 56 of the Family Law Act, an Ontario court may set aside all or part of a separation agreement on the following grounds:

• A party failed to disclose significant assets or debts at the time the agreement was made
• A party did not understand the nature and consequences of the agreement
• The agreement is otherwise contrary to law

On child support and parenting arrangements specifically, courts apply an independent best-interests analysis regardless of what the agreement says. A court that determines a parenting arrangement is no longer in the children’s best interests can and will modify it, even if both parents agreed to it at the time.

The following steps will maximize the durability and enforceability of your separation agreement:

In Ontario, the most common method of enforcing a mortgage on default is the power of sale — a statutory remedy that allows a lender (mortgagee) to sell a property without court involvement, provided a specific notice and waiting process is followed. Understanding this process matters whether you are the lender trying to recover your investment or the borrower trying to preserve your equity and your home.

A mortgage is in default when the borrower fails to comply with the terms of the mortgage. The most common default is non-payment of principal and interest, but defaults can also include: failure to maintain property insurance, failure to pay property taxes, or breach of other covenants in the mortgage document.

Most standard mortgage documents include an acceleration clause: upon default, the full outstanding balance of the mortgage (not just arrears) becomes immediately due and payable. This gives the lender the right to enforce the security against the full debt, not merely the missed payments.

Before a lender can sell under power of sale, the Mortgages Act (Ontario) requires compliance with a mandatory notice process. The steps are:

Power of sale is the common remedy in Ontario. The lender sells the property and accounts for the proceeds. The borrower retains any equity above the debt. The lender can sue for any deficiency.

Foreclosure is a court process in which the lender takes full legal ownership of the property. The borrower loses all equity and all right to redeem. Because foreclosure extinguishes the borrower’s equity entirely, courts have interpreted it strictly, and lenders must demonstrate to the court that a sale would not generate more than the debt outstanding.

In practice, most Ontario lenders use power of sale because it is faster, requires no court involvement, and achieves the same enforcement objective.

Unlike foreclosure, a power of sale does not automatically eliminate your equity. The lender sells the property on the open market at fair market value, pays the mortgage debt and legitimate enforcement costs from the proceeds, and remits any surplus to you.

If the property sells for more than is owed (which is common in a rising market), the difference is yours. If it sells for less, the lender may sue you personally for the deficiency. This is why acting early — listing the property yourself, refinancing, or negotiating a workout with the lender — is almost always preferable to waiting for a power of sale.

If you have received a Section 22 Notice of Sale and want to stop the process, your options depend on timing:

The excitement of starting a business often runs ahead of the legal groundwork. Entrepreneurs focus on product, market, and customers — as they should. But the legal foundations of a business, if neglected, create vulnerabilities that become expensive problems later. This checklist covers the key legal steps every new Ontario business owner should take.

The three most common structures for a small Ontario business are:

• Sole Proprietorship: simple and inexpensive; you and the business are legally the same; full personal liability
• Partnership: two or more persons operating a business together; each partner is personally liable for the debts and acts of the partnership
• Corporation: a separate legal entity; shareholders are generally not personally liable for corporate debts; most advantageous from a tax and liability standpoint at scale

For most businesses generating meaningful revenue or carrying client-facing liability, a corporation is the preferred structure. See our separate guide: Incorporating in Ontario.

If you are operating under a name other than your own legal name, you must register a business name under the Business Names Act (Ontario). This is a simple registration through the Ontario Business Registry, valid for five years.

Registration is not the same as protection. A registered business name gives you no exclusive right to use it — it is simply a public record. If you want to protect your brand name, logo, or slogan from use by competitors, you need a trademark registration through the Canadian Intellectual Property Office (CIPO). Trademark registration takes time (often 18-24 months) and should be pursued early if your brand has commercial value.

Once your annual revenues exceed $30,000, you are legally required to register for HST (Harmonized Sales Tax) and collect it from customers on taxable supplies. Failure to register and remit HST when required can result in penalties, assessments, and personal liability in some circumstances.

Even below the $30,000 threshold, voluntary registration may be advisable if you incur significant HST on business expenses — registration allows you to claim input tax credits and recover that HST from the government.

You will also need to register for a CRA Business Number, and set up payroll accounts if you will be hiring employees who will receive T4 income.

Hiring employees triggers significant legal obligations under the Employment Standards Act, 2000. Before you hire:

Client and supplier contracts: Every significant business relationship should be documented in writing. A well-drafted service agreement establishes scope, payment terms, intellectual property ownership, dispute resolution, and limitation of liability. A poorly drafted agreement — or no agreement — leaves these questions to be resolved by courts.

Intellectual property: If your business creates software, content, designs, or processes, your IP strategy matters from the start. Ensure that contracts with employees and contractors contain clear IP assignment clauses. Whatever your employees create on company time belongs to the company — but only if your agreement says so clearly.

Commercial leases: Commercial leases in Ontario are negotiated documents, unlike residential leases. The landlord’s form is drafted entirely in the landlord’s favour. Before signing, have a lawyer review and negotiate key terms: lease term, renewal options, permitted use, assignment rights, rent escalation, and responsibility for leasehold improvements and repairs.

Many small business owners retain a lawyer only when something goes wrong — a dispute, a termination, a lease problem. By that point, the legal issue is usually more expensive and more complicated than it needed to be.

A business lawyer engaged from the beginning helps you structure properly, draft contracts that actually protect you, and identify issues before they become problems. The cost of a few hours of legal advice at the start of your business is a fraction of the cost of litigation or a failed business structure later.

At Silver Crest Law, we provide practical, commercial legal advice for entrepreneurs and small businesses at every stage: from initial incorporation through employment disputes, commercial contracts, and shareholder matters. We understand business because we are also businesspeople.