The Year 2016 – What Happened?

Canada

The good weather we enjoyed until the middle of December has gone with the wind, and winter has now arrived with a vengeance.  Both the Farmer’s Almanac and Environmental Canada are predicting heavy snow for the later part of the winter… “que sera sera”!

The world has experienced some significant changes over the last year which of course is par for the course.  In our newsletter last year, I talked about the fact some issues are one-time events that come and go; whereas there are some issues that come and never seem to go away. This year was no different – the Circle of Life remains in full effect.  We still have birth and death, prosperity and lack of prosperity, peace and war, success and failure, good health and illness, and the world continues and will continue to turn on its axis. On that note, I suggest that you set positive but realistic goals for yourself for 2017. Do not set unrealistic goals which you know are not attainable – you will be disappointed and frustrated…  as they say, “Rome wasn’t built in a day”.  While we do set short and long term goals, take each day as it comes and do your best!

World Overview

 Russia and Mr. Putin

Russians under the leadership of Mr. Putin continues to do what they want to do, when they want to do it, where they want to do it, how they want to do it, all without intervention.  No one stands up to the Russian bear. One only has to remember their continuous meddling in the Ukraine, their on-going military action in Syria, their placing of “defensive weapons” on their borders (which are extremely close to some of their neighbors), and it leads one to ask:  “Where are N.A.T.O. members? Where is Russia heading with all these activities?”

North Korea

The actions of the leader of North Korea are unpredictable. This includes launching various rockets and weaponry which is capable of carrying nuclear warheads. Notwithstanding trade restrictions and weapons embargoes imposed on the country, the North Korean leader does whatever he wants to do with apparent impunity. Will anyone stand up to this demagogue?

Cuba

As I am writing this note, Fidel Castro has recently passed away.  While he officially resigned as President approximately 10 years ago and transferred power to his brother Raul, I believe Fidel was still influential and involved to some degree, and his legacy will continue to resonate.  In what direction will Cuba now proceed – a democracy or a continuation of some form of dictatorship?

Syria

Simply put, the country is a hell hole with the thousands of civilian deaths, the dislocation of hundreds of thousands of its people, a lack of humanitarian aid including food and water not being able to reach the Syrian civilian population. The country is under the rule of a President who is a cold blooded, self-centered amoeba.  He is truly inhuman.

The Middle East

The cauldron continues to simmer – incidents of killings, retaliation, stabbings, bombings, setting of mass fires, the dislocation of large numbers of Palestinians who none of the Arab countries are prepared to have settle and relocate in any of their countries – Saudi Arabia, Iran, Iraq, Egypt, Qatar, and so on. Why not??

The United States

While I thought the three-ring circus would pack up its tent and settle down to allow for the necessary orderly transition of power from President Obama to President-elect Trump, the ringmaster has decided to extend the show indefinitely.  The process of appointing various cabinet members and other political appointees is similar to Donald’s “Celebrity Apprentice” television show – Donald carries out the drama for as long as it suits his needs.  What is the true story of the Russian activities during the election campaign, and probably carrying on currently – who really knows!

Stay tuned as the circus continues its run under the “Big Top”!

In retrospect, I believe President Obama was a failure during his entire presidency.  The health care program he implemented, “Obamacare” by all accounts has been a resounding conundrum.  He has allowed the leaders of Russia, Crimea, Iran, Syria, and North Korea to essentially do whatever they have wanted to do with impunity – the man has no internal fortitude.  He failed to stand by a number of his allies in Europe, the Middle East, the Far East and the American people.  In my opinion, he certainly failed in his role as a WORLD LEADER and his actions have placed the United States in a precarious position!

Canada: The Federal Government – The Justin Trudeau Story

One year after our Federal election, what has our Prime Minister accomplished in terms of bringing “sunny days” to Canadians?

He has generated confusion with his attempt to make the Canadian Senate a more independent, responsible body.  No one appears to know what the Senate will end up doing, how it will operate, what its mandate will be, and whether it will actually be able to function.  He has participated in several Summits, has hosted several meetings with various Heads of State, and has spent an indiscriminate amount of money on what he has felt will raise his star in the Universe, all the while significantly increasing Canada’s deficit.  And of course he has posed for a significant number of “photo selfies” – what an accomplishment for his first year in office!

The Prime Minister was quick to accept a significant number of Syrian refugees who were supposedly screened and qualified for entry into Canada. In fact, Canada accepted more Syrian refugees than the United States did.  Yet from the beginning, some of these refugees started complaining about the hotels they were temporarily housed in; about the food they were provided with; about the activities or lack of activities provided for them, etc. I have recently read reports that, since the one-year sponsorship program has ended, a number of these Syrian refugees who were admitted to Canada are now on welfare, depend on food banks, and remain unemployable because they lack the language and skills to find a paying job.

What was the thinking in Ottawa? I have heard a number of Canadians say that charity aid should start at home.  Think about the deplorable conditions in which some of Canada’s Indigenous people live. This is a long-standing systemic problem which must be addressed by the Canadian government. The whole system and approach to dealing with this horrible situation must be thought out from a logical, realistic perspective rather than what-will-win-votes viewpoint.

Another serious concern is the failure by government to appoint enough judges to fill the significant number of vacancies in courts throughout our country.  Was this failure due to a lack of funds to fill these needs, or a lack of focus on this urgent matter (and one which should have taken precedence over “selfies”, and precedence over the process of absorbing a large number of refugees who really did not have the education, skills,  and language necessary to succeed in Canada).  

This shortage of judges has led to the dismissal of serious charges against some criminals, due to the inordinate length of time it has taken to bring the trial of those charges before a court. This results of course from the provisions of Canada’s Bill of Rights – a legacy of our Prime Minister’s late father. Do you agree with this? – share your opinions on our web site.

In my newsletter last year, I commented that in my opinion “Canadians have elected a pretty face as a Prime Minister!”  I went on to add my concern over his lack of experience, and that I felt he did not measure up to his late father, our former Prime Minister the late Pierre Elliot Trudeau.  His nonsensical and ridiculous tribute to Fidel Castro confirmed my opinion.  I also questioned whether he would hold his own with other world leaders. How will he fare with President-elect Trump?  Will he improve his performance?  

As I said last year, stay tuned!

The Province of Ontario: The Kathleen Wynne Story

The origins of the mess in which the Province of Ontario currently finds itself started with the Premiership of Dalton McGuinty, and has continued unabated under Kathleen Wynne’s incompetent stewardship.  Our deficit continues to grow. The Hydro “scandal-fiasco” continues to impact negatively on home-owners, renters, businesses and manufacturers; i.e, everyone in the Province is impacted.  The true cost of the cancelled gas-plants contracts are still unknown, but in any case continue to be a financial burden.  When will the saga of the ongoing of bargaining with the Teacher’s Unions finish?  Added problems exist with remuneration levels for the medical profession, and the lack of adequate funding for hospitals (which of course impacts negatively on all Ontarians). The ill-thought concept of a provincial pension plan is merely yet another tax grab which has now been discarded.  Where does the responsibility lie for the recent Provincial Auditor’s report about the scandalous contracts authorized for the construction of and snow-removal from our highways? What was the cost of this fiasco? Who is the engineer of the runway money wastage locomotive of Ontario?  We have become a “have-not” province of Canada?  It is unfortunate that we do not have an impeachment mechanism in Ontario!

The City of Toronto: The John Tory Story

Is there a light?  Mayor Tory promised no new taxes when he was elected. True enough, there are technically no new “taxes” to contend with, but we do have plenty of new “fees” on taxes … which are in fact taxes by another name.

April of this year saw the implementation of a fee of $84.75 for the City’s cost of collecting the Municipal Land Transfer Taxes, despite the fact that they really do nothing in exchange for this fee. A new proposal tendered by the Mayor indicates that he now favours road tolls on Toronto expressways… which will lead to new taxes for everyone who wants to drive into downtown Toronto and increase vehicular traffic on regular city roads!  More people using city streets will cause more traffic jams, pollution, possibly more accidents, etc.

There are suggestions of various other fee increases: possible rate increases on the City of Toronto Land Transfer Taxes; significant on-going increases in water rates, garbage disposal fees, hotel surcharges, TTC fares; and on it goes, where it stops nobody knows – it is an open window… with dollars flying out!

There are also significant problems with our community housing stock, the shameful physical condition of many of our schools, underfunded welfare programs, and on it goes … again, where does it stop?  Nobody knows!

The Mayor stated as part of his election campaign promised he would demand decreases in budget costs from all departments. What has he accomplished in this regard?  Maybe he has to show leadership by cutting back or even eliminating some services – as the saying goes, “you can’t always get what you want”.

Changes for Corporations – More Reason to Keep your Corporate Records Up to Date

December 10, 2016 saw the implementation of new legislation that requires Ontario companies to keep a register of real estate they own.  It appears to apply to both registered and beneficial owners of property.  Of course, failure to comply will result in penalties and/or fines.  For those corporations who own a significant amount of real estate or regularly transact real estate transactions, this will become another item to comply with.  The purpose of the new legislation is to improve the management of real property owned by Ontario companies, which in certain occasions is forfeited to the Province.  While existing companies will have 2 years to ensure they are in compliance with the new requirements, companies incorporated after December 10, 2016, will have to comply immediately upon incorporation.

As a result, while many shareholders, officers, and directors do not feel it is worth the cost of updating minute books annually, they no longer have a choice.

 News for Home Buyers: The Good, the Bad, and the Ugly

 The Provincial Government has announced its intention to help first-time home buyers enter into the real estate market by doubling the Land Transfer Tax refund, from $2,000.00 to $4,000.00.

This means that a property selling for approximately $368,000 would be fully exempt from the Provincial Land Transfer Tax. While this will certainly assist First-time Home Buyers who are purchasing homes located outside the City of Toronto, it will not be a significant benefit to people buying in Toronto – after all, what can you purchase for $368,000 in Toronto? An outhouse or a broom closet!

On the other hand, the provincial Land Transfer Tax for property being purchased for an amount in excess of $2,000,000 will see Land Transfer Tax increasing from $20.00 per thousand to $25.00 per thousand.

Unfortunately, the City of Toronto has  not indicated that it will implement a corresponding increase in the amount of the Municipal Land Transfer Tax refund available to buyers in the city.

Ottawa has changed the rules regarding the amounts required for the down payments needed to qualify for mortgages.  To be eligible, the minimum down payment has increased to 5% on the first $500,000 of the purchase price and to 10% on any amount in excess of $500,000.00. This results in a “robbing Peter to pay Paul” scenario.

Monies saved on Provincial Land Transfer Tax can be used to increase the down payment now required – again, this will provide no real assistance for first-time home buyers in Toronto, but will provide some assistance for the first-time buyers outside of Toronto.

First-Time Homebuyers, Take Note:  A Bigger Land Transfer Tax Refund Starting in 2017

Are you a first-time homebuyer in Ontario?  Then there is potentially good news for you!  Those of you with an agreement of purchase and sale that closes after January 1, 2017 may be eligible for an increased Land Transfer Tax Refund of up to $4,000.  This is a fairly hefty increase from the former maximum, which was $2,000.  Here are the details:

When does the increased refund amount kick in?

The higher maximum is available January 1, 2017, if certain conditions are fulfilled.  And note that it potentially applies to agreements of purchase and sale that cover both newly-constructed and resale homes.

What makes me eligible?

To be eligible to claim a refund of the LTT, you must be a first-time homebuyer, which is specifically defined to mean that you must:

• Be at least 18 years old;
• Not have ever owned an eligible home, or an interest in an eligible home, anywhere in the world, at any time;
• Not have a spouse that has owned a home or an interest in a home anywhere in the world while he or she was your spouse;
• Must be occupied as a principal residence.

In other words, if you have owned a home previously, then you do not qualify for the LTT Refund for first-time homebuyers.  The method that you acquired the home (e.g., purchase, gift or through an inheritance) is not relevant.

Also, as a buyer you cannot have previously received a refund of LTT under the Ontario Home Ownership Savings Plan (OHOSP).

Note that effective January 1, 2017, there is a new eligibility requirement:  In order to qualify for the refund, you must be a Canadian citizen and a permanent resident of Canada.  (However, as a transitional measure, if you are a buyer who entered into an agreement of purchase and sale on or before November 14, 2016, then you can be eligible for the refund regardless of your citizenship or residency status.  There are also transitional rules and an 18-month qualifying period if you are otherwise eligible for refund at the time the transaction closes, but do not have the required citizenship or permanent residency status).

How do I apply for the refund?

If you are a qualifying first-time homebuyer, then you may claim the refund in one of two ways:

• If your transfer is being registered electronically: your lawyer will complete the required statements in an affidavit that is filed as part of the Electronic Land Registration process.
• If your transfer is being registered by the more traditional paper-based system, then you must file an “Ontario Land Transfer Tax Refund Affidavit For First Time Purchasers of Eligible Homes” form which is available at your local Land Registry Office.

If the refund is claimed at the time of registration, it may offset the LTT that would be payable. If the refund is not claimed at registration, the tax must be paid, and a claim for the refund may be submitted to the Ministry of Finance.

How much of a refund might I get?

If your house purchase occurred before January 1, 2017, the maximum amount of the refund you were eligible for was $2,000.

Beginning January 1, 2017, however, the maximum amount of the refund is $4,000. (And note that in either case there is no interest paid by the government on your refund).

But just to be clear:  this increased limit of $4,000 applies only to purchases that close on or after January 1, 2017, regardless of the date the agreement of purchase and sale was signed.

This maximum means that after January 1, 2017, and if you are a qualifying first-time homebuyer buying an eligible home, you will pay no LTT on the first $368,000 of the value of the consideration. If you are a first-time homebuyer purchasing a home that costs more than $368,000, then the maximum refund that you will receive is still $4,000.

What if one buyer qualifies for the refund but the other does not?

If one or more of the buyers of a property is not a first-time homebuyer, then the refund is proportionate to whatever interest the qualifying buyer has in the property.

For example, let’s say you and your adult child decide to buy a house together on a 50-50 basis.  If you are not a first-time homebuyer but your child is, then your child will be able to claim 50% of the LTT refund.  (However, that 50% cannot exceed 50% of the maximum allowable refund – that equates to 50% of $2,000 for purchases which closed prior to January 1, 2017 or 50% of $4,000 for purchases which close on or after January 1, 2017).

A similar rule pertains to spouses where only one of them is a first-time homebuyer.  Incidentally, for these purposes “spouse” is defined under provincial Family Law legislation to include:

Either of two persons who,

• are married to each other, or
• have together entered into a marriage that is voidable or void and also includes either of two persons who are not married to each other and have cohabited,

o          continuously for a period of not less than three years, or

o          in a relationship of some permanence, if they are the natural or adoptive parents of a child.

Are there time limits for applying?

If you are a qualifying first-time homebuyer, you must apply for the LTT refund within 18 months after the date that the conveyance was registered.

A Note About the Refund of Municipal LTT

As of January 18, 2017, the City of Toronto has not increased the amount of the maximum Municipal Land Transfer Tax refund available to First-Time Homebuyers. Unfortunately, the maximum refund amount remains at $3,725.

The City of Toronto’s eligibility rules currently remains the same as those for the Provincial Land Transfer Tax refund.

• If your transfer is being registered electronically: your lawyer will complete the required statements in an affidavit that is filed as part of the Electronic Land Registration process.
• If your transfer is being registered by the more traditional paper-based system, then you must file an “Ontario Land Transfer Tax Refund Affidavit For First Time Purchasers of Eligible Homes” form which is available at your local Land Registry Office.

If the refund is claimed at the time of registration, it may offset the LTT that would be payable. If the refund is not claimed at registration, the tax must be paid, and a claim for the refund may be submitted to the Ministry of Finance.

How much of a refund might I get?

If your house purchase occurred before January 1, 2017, the maximum amount of the refund you were eligible for was $2,000.

Beginning January 1, 2017, however, the maximum amount of the refund is $4,000. (And note that in either case there is no interest paid by the government on your refund).

But just to be clear:  this increased limit of $4,000 applies only to purchases that close on or after January 1, 2017, regardless of the date the agreement of purchase and sale was signed.

This maximum means that after January 1, 2017, and if you are a qualifying first-time homebuyer buying an eligible home, you will pay no LTT on the first $368,000 of the value of the consideration. If you are a first-time homebuyer purchasing a home that costs more than $368,000, then the maximum refund that you will receive is still $4,000.

What if one buyer qualifies for the refund but the other does not?

If one or more of the buyers of a property is not a first-time homebuyer, then the refund is proportionate to whatever interest the qualifying buyer has in the property.

For example, let’s say you and your adult child decide to buy a house together on a 50-50 basis.  If you are not a first-time homebuyer but your child is, then your child will be able to claim 50% of the LTT refund.  (However, that 50% cannot exceed 50% of the maximum allowable refund – that equates to 50% of $2,000 for purchases which closed prior to January 1, 2017 or 50% of $4,000 for purchases which close on or after January 1, 2017).

A similar rule pertains to spouses where only one of them is a first-time homebuyer.  Incidentally, for these purposes “spouse” is defined under provincial Family Law legislation to include:

Either of two persons who,

• are married to each other, or
• have together entered into a marriage that is voidable or void and also includes either of two persons who are not married to each other and have cohabited,

o          continuously for a period of not less than three years, or

o          in a relationship of some permanence, if they are the natural or adoptive parents of a child.

Are there time limits for applying?

If you are a qualifying first-time homebuyer, you must apply for the LTT refund within 18 months after the date that the conveyance was registered.

A Note About the Refund of Municipal LTT

As of January 18, 2017, the City of Toronto has not increased the amount of the maximum Municipal Land Transfer Tax refund available to First-Time Homebuyers. Unfortunately, the maximum refund amount remains at $3,725. The City of Toronto’s eligibility rules currently remains the same as those for the Provincial Land Transfer Tax refund.

The Basics of Ontario Land Transfer Tax (LTT)

While we are on the topic of Land Transfer Tax (LTT) obligations in Ontario, here’s a little refresher:

Who has to pay LTT?

As most of you will know, anytime you buy land or an interest in land in Ontario, you are required to pay Land Transfer Tax (LTT).

When does LTT have to be paid?

The tax is payable when your transfer is registered.

Are there any exemptions?  And can payment of the LTT be deferred?

Some transactions do not attract LTT, namely certain transfers between spouses and other family members in specified situations. The payment of LTT can also be deferred in very narrow circumstances.

What property attracts the payment of tax?

“Land” includes buildings, buildings to be constructed, structures, structures to be constructed as part of an arrangement relating to a conveyance of land, and fixtures (such as light fixtures, built-in appliances and cabinetry).

How is the value of the land calculated?

The amount of LTT you have to pay will depend on the total amount that you are paying for the property.

The following are included in that total:

• Extras, for example, upgraded flooring, cupboards, doors, windows, counters, architectural changes, and finished basements.

• Upgrades, for example, lot premiums, tree planting, sodding and grading, driveway paving.

Also, the cost of builder-paid installations for gas, hydro, water meters etc. are also included, as are lot levies, development charges, school levies, Ontario New Home Warranty Plan fee, architect’s fees, etc.

Exclusions from the total include chattels such as fridges, stoves, dishwashers, draperies, furniture and equipment are included in the purchase of the home.

How is the LTT amount calculated?

Effective January 1, 2017, the tax rates for LTT depended on the date of the agreement of purchase and sale and the subsequent registration of the transfer.

If an agreement of purchase and sale is entered into after November 14, 2016, and the closing and registration occurs on or after January 1, 2017, then the tax rates on the value of the consideration are as follows:

There were transitional Land Transfer Tax rates that governed all registrations and dispositions of land that occurred prior to January 1, 2017. Tax was calculated on the value of the consideration at the following rates:

Note that for transfers with agreements of purchase and sale that were entered into on or before November 14, 2016, the above rates applied regardless of the actual registration date.

 On Nudists, Convicts and Ghosts – How Much Must a Seller Disclose to a Buyer?

 I am often asked by sellers to advise as to how much (or how little) information they must provide to potential buyers.   It’s never an easy answer:  Although the time-honoured saying “buyer beware” still holds, in law the seller still has a legal obligation to disclose what are considered “latent” defects in the property that are related to certain physical condition or amenities.   These latent defects cover two categories:

• defects that render the property unfit for habitation; and
• defects which make the property inherently dangerous.

But applying this conceptual legal obligation to the real world can be difficult, especially when it’s applied to unique facts.  Here are some of the more interesting decisions from across Canada:

Radioactivity

In Sevidal v. Chopra, the seller had failed to disclose the existence of radioactive material that had been discovered prior to the closing date.  At the time the agreement was signed, the seller was aware that neighbouring properties were contaminated, but had no proof that his own was also affected until just prior to closing.  The court held in the buyer’s favour, finding that the seller had fraudulently concealed the hazard.

Garbage Dumps

In contrast, a case called Godin v. Jenovac featured buyers who were astonished to learn after closing that their dream home was located next to what was formerly a garbage dump, a fact that they confirmed with the seller.  Their suit against the seller failed.   Although the seller would have had a duty to disclose the proximity to the former dump if it had been an actual health hazard, the mere fact that it might affect property values (and not the homeowners’ health) did not give rise to such a duty.

Landslides

In a case called McGrath v. McLean, the buyer was unsuccessful in suing a seller who had failed to disclose the history of landslides on the property.  The court ruled that the buyer had failed to established that they were caused by a defect in the land itself, rather than due to the activities of the neighbours.

Nude Beach

In Summach v. Allen, the buyer had agreed to purchase certain beachfront property but then refused to close after finding out there was a nude beach next door.  (This had not been immediately evident because the agreement to purchase had been reached in November, when there were no beachgoers out on the beach).  The court found that the presence of nearby nudists may or may not be a defect; it would depend on the buyer.   The test was therefore too subjective to impose a disclosure obligation on sellers in these (admittedly unusual) circumstances.

Suicide

In Knight v. Dionne, the buyer wanted to rescind the deal because the seller had failed to disclose that there had been a suicide on the property – by seller’s own son, in fact.  The court found that in light of the reality that there were “happy, unhappy, and sometimes even tragic” events that occurred in everyone’s life, these would not have an impact on the intrinsic value of a house in which they occurred unless the buyer could prove otherwise.

Convicts as Neighbours

In an interesting case called Dennis v. Gray, the court was asked to determine whether a family with young children should be allowed to go ahead with their damages claim against the seller who had failed to tell them that one of the neighbours had been convicted of child pornography offences.  Although the matter eventually settled out-of-court, it is an intriguing glimpse into how far a claim against a seller might conceivably go, in terms of allegations of non-disclosure in this context.

Ghosts

Perhaps surprisingly, even allegations that a house is haunted can give rise to legal questions around a duty to disclose.  In one case,[1]  the seller had been quoted in a local newspaper that the property was haunted, even though he admitted that he had never seen a ghost, and did not believe in them, and that any such comments on his part were never intended to be serious.

Still, the buyer sued on the basis that the seller had failed to disclose that the property was haunted.  Both trial and appeal courts dismissed the case, finding that the buyer would not be able to prove the existence of those same ghosts that he relied on to claim there was a “defect” in the property he had purchased.

As these cases show, when it comes to determining what is or is not a latent defect, there are some “grey area” outcomes that are hard to predict.   This is why it’s important to consult with a lawyer prior to listing a property for sale; it’s also wise to do so – whether you are the buyer, the seller, or the agent representing the seller – long before the ink is dry on the agreement of purchase and sale.

The Toronto Sports Arena – The Lifting of the Black Cloud

A Turnaround, Finally

I am in shock! Some of the Toronto teams are starting to show some skill, improved results, some spirit, and are actually a small beam of a shining light.

I shall start with my synopsis of the Toronto Maple Leaf Hockey Club. I actually believe that under their current management team and hockey bosses, we are starting to see the basis of building a solid foundation.  However, I would not recommend “betting the farm” on the team even making the playoffs this year … but I am of the opinion they will play some good solid exciting hockey during the course of the year. Keep tuned!

Raptors

The Toronto Raptors provided a pleasant ray of sunshine to the City’s Winter and Spring sports season. They advanced through several rounds of the playoffs and put up a good show – much different than the year before when they lost in the first round of the playoffs. Where this year will take them remains to be seen! At this stage of the season, I am optimistic that they will again participate in the playoffs. How deep they will advance in the playoffs is the big unknown… keep your ears to the ground and keep on dribbling and shooting.

Toronto FC

Toronto FC showed a dramatic improvement this year notwithstanding some significant player injuries and the absence of some of their better players who were periodically absent in order to play with their club teams in various qualifying games. As I write this epistle, Toronto FC unfortunately lost the league championship to the Seattle Sonics.  Good luck next season!

Marlies

Finally the Toronto Marlies once again had a very successful regular season. However, they unfortunately did not advance very far in the playoffs.  So far this year, they do not appear to be as good as last year but the game is not over until the final whistle is blown. Wait and see.

The Jays

What do we say about the Jays! They played excellent baseball for most of the season after the first month, but cooled off in August and then hit their stride in September, making it all the way to the American League divisional playoffs before losing to Cleveland.

However, there were certainly some problems with their lineup.  The bullpen was weak and suspect, with few exceptions.   The weakness of their back-up catcher’s hitting put a lot of pressure on the primary catcher, Russell Martin. I am of the opinion that he was hurt and/or worn out by the latter part of the season, and as a result did not play up to his usual level of performance in the playoffs.  The starting pitching staff overall had an excellent year which definitely helped carry the team.

What is the “new management team” going to do with their free agents? As I am writing this novel the Jays have already lost several free agents they did not tender contracts to. Encarnacion has left for Cleveland. Time will tell. Will they open up the Roger’s piggy bank? It does not look that way at this time. In the meantime, their divisional rivals the Yankees and Red Sox are spending large dollars to improve their teams. Do not hold your breath on the Jays — buy Rogers Communication shares.

Your Legal Compass – Being Here For You

From time to time over the years, the use of our trade mark slogan “Your Legal Compass” has raised the question:  “What does the slogan mean?” In simplistic terms, it is my attempt to convey my philosophy or my goal and my efforts as a practicing lawyer, which is to provide clients with direction, effective and succinct practical legal advice in a timely, efficient and cost effective manner.

I also believe in being available to clients when needed – including weekends and after hours! Offering this level of service over the years has been of benefit to many of our clients when they need us even after hours and/or weekends. This is part of my approach to practicing law.  If a situation arises and a client cannot reach a lawyer after hours, an opportunity may be lost or a significant legal problem may have to wait until the next day or after a weekend, which could be problematic in itself.

A number of clients and some lawyers have complimented us on our trade-mark “Your Legal Compass”.  The slogan also conveys my attempts to steer clients in the right direction, much as a compass provides direction for an explorer, a driver of a car, a pilot of an airplane or a ship’s captain.  My favourite saying to clients is, “There are no stupid questions, however, you may receive a silly answer.”

Our Website

Our website, www.MartinRumack.com  is becoming an excellent resource site for the public. I am pleased to know that many potential clients, before they even contact us, have gone online to check us out and learn about me and our firm.  We do attempt to keep the website both interesting and current by writing about hot legal topics, and noteworthy issues, etc. In addition to getting calls from members of the public and new clients, I also receive occasional calls from some real estate agents, and from other lawyers asking if they can download some articles from our website, which is a fact that I take pride in.

We also note that we are experiencing visits on our site from viewers from a number of different foreign countries including some European, South America, and Far Eastern countries. (But nothing from Santa up in the North Pole to date—he does not know what he is unfortunately missing! We could serve as his legal compass in guiding him on Christmas night.) One of the more interesting notes we recently received was from a couple in Golden City, Colorado, U. S. A about my KITEC article and asking for my assistance – I had to explain that I am not licensed to practice in the United States and therefore could not represent them.

We hope you find our website is interesting and helpful. If you have any suggestions for topics, please forward your ideas to us.

Book Report:  Legal Responsibilities of Real Estate Agents, 4^th Ed.

I am pleased to advise that the fourth edition of my book, Legal Responsibilities of Real Estate Agents has now been published.  Once again I have collaborated on the book with my friend, co-author and excellent research lawyer Rosemary Bocska, and it is again aimed primarily at real estate agents, although it is also being purchased by lawyers and members of the public.   Sales have been doing very well and have exceeded expectations so far.

Interestingly, sales have not been limited to people in Ontario but in several other provinces.  For those of you who are interested in purchasing a copy of the newest edition, you can order from the publisher Lexis Nexis (at www.lexisnexis.ca/store), from the Toronto Real Estate Board store, or from our office.  Please feel free to contact us to make arrangements.

The Office’s Activities and News

The hub keeps humming. It is always gratifying and important when the office is busy – although this means that our staff ensure that I don’t indulge in lunch and coffee breaks.

However, to be candid, the ladies don’t fare much better, since they often eat their lunches and take coffee breaks at their desks as well. I am very grateful for their dedication, loyalty, and hard work on behalf of all our clients, friends, and myself.

The Inner Circle

We are happy to share Jean’s good news, that she and her husband, Howard, have recently became first time grandparents of a beautiful boy. The proud parents are their son Michael and daughter-in-law Ashleigh. Congratulations and best wishes to all of the family.

Jean’s other sons Joe and Dan continue to extend their home-building business in the wilds of Whitehorse, in the Yukon. Jean continues in her demanding role as President of her Condominium Corporation and can advise a few property managers what it takes to be a good property manager.  Jean has certainly enhanced her relationships with many clients over the years being as steadfast, energetic, and always willing to accept a challenge.  Jean as is Sue are very loyal and protective of me and all our clients. While it seems a short time ago that Jean joined us, it has not taken her long to grow into a highly-responsible, senior role and to become a vital part of the team.

Sue is well known to many of our clients who have had the benefit of working with Sue over the 32 years she has been on the team.  As a matter of fact, Sue has worked with a number of our second-generation clients who she remembers as kids who came to our office with their parents, and even a few third-generation generation clients.  Sue is a very loyal member of the team who will also at times debate various legal positions and protocols with me (which I appreciate). Sue recently had the pleasure of marrying off her daughter Michelle to Justin. Michelle, who started coming to our office when she was a “little girl”, has grown into a beautiful, bright, talented and ambitious professional young lady.   They have recently purchased a new home to be built in the Kitchener area. Congratulations to the newly-weds and all of the family.  Adam and Melissa are both working hard and their 2 children are giving Sue great pleasure and share Sue’s babysitting expertise with their 2 cousins – Jason and Dominika’s children. Congratulations to Jason and Dominika on moving into their new home in Courtice. We were pleased that they chose our firm to represent them on their sale and purchase — what choice did they have?

We are thrilled to welcome back Julia, who worked with us for about 1 ½ years, left for awhile and has returned to the team— I think Julia missed my “corny humour” so much that she could not stay away.  Some of you may remember Julia from her previous time with us.

She works with me on several different aspects of our practice, including Wills and Estates, and reviewing and assisting in the preparation of Schedules of Changes to Builder’s Standard Form Agreements of Purchase and Sale (for those clients contemplating buying new homes and condominiums).  To some degree, Julia is also beginning to work on her own files.

Our newest addition is Alyssa, who joined us at the beginning of September. Frequently, you will have the pleasure of initially speaking to Alyssa when contacting our office. Alyssa is a very pleasant young lady who is ambitious to learn and assist whenever she can. We welcome Alyssa to the “Legal Compass” team and look forward to having her work with us. At this stage, she is learning about working in a law office, dealing with clients, and acclimatizing to the “ying and the yang” of a legal practice.

The Outside Team Members

Our Title Searcher Conveyancer, Alison, continues to be a great individual member of our real estate team to work with. Alison has worked with me for many years and does tremendous work on behalf of our clients purchasing or mortgaging a property. Alison is a valued member of the team who is always “just a call away” for me, even after hours and even when she is at her cottage!  Alison is there come rain, snow, sleet or hail — even sunshine for all of us!

On the corporate side of the team are Lorraine and Debbie, who many of our business clients have dealt with throughout the years.  Lorraine is a truly knowledgeable, experienced professional corporate law clerk, whose skills and knowledge often impress other corporate lawyers who pass on their kind words to us.  Debbie has over the years become a very valuable member of Lorraine’s office and is certainly very helpful to our clients.  I can only thank Debbie and Lorraine for always being there for me and our clients.

At Home

We had the pleasure of celebrating Judi’s birthday in September in New York with our son Darren.  The Saturday night of the bombing in Manhattan, we were only at a restaurant a few blocks from the site of the bombing – a little excitement we could have done without!!

Judi continues to spend quality time with her mother who will be 99 in June of 2017.  Judi’s mother is still in her own home, attends a senior’s day program twice weekly, and has her own definite opinions of Hilary Clinton and President-elect Donald Trump. Judi is busy keeping me gainfully employed, running the household, occasionally helping out at the office, keeping up with her sister, with our 3 nieces, and 9 great-nieces and nephews. Judi is always there for me and always in my corner, which I appreciate.

My own mother, who will be 94 in February, continues to be in good health and is in good spirits.  Over the years, some clients mention that when they were in school they had my brother David Rumack as a teacher and/or a soccer coach.  Still others mention that they used to listen to my “baby brother” Norman Rumack (also known as “Stormin Norman the Late Night Vampire”) on “590 The Fan” radio station or on Sirius Radio, or that they currently follow him on his sports website at: TSPN.ca.

Finally, our son Darren became a partner in February at his law firm, “The Klein Law Group” in Manhattan. Darren is developing a reputation for being an excellent, bright lawyer, and this recognition has resulted in a significant increase in direct referrals to him. His background education at Cornell University’s School of Industrial Labour Relations and Vanderbilt University Law School are standing him in good stead. We are proud of Darren and his accomplishments. Some clients may remember the several summers he worked at the office as the office junior helping on phones, taking dictation, and other important jobs! He does send his regards to those of you who remember him.

Conclusion

As is my tradition, I want to thank each and every one of our friends, clients, business associates for their referrals to others.  This is our most effective sources of business, and I am grateful to those of you who have been pleased enough with the nature, quality, and professionalism of our team to feel comfortable to say a few kind words about us and to refer friends, associates, and relatives to our office. I truly and sincerely appreciate it.

Finally, on behalf of all the team and our families, we extend our best wishes to you, your families, relatives and friends, for PEACE on EARTH, HEALTH, PROSPERITY, and a happy enjoyable 2017!

Sincerely,

Martin K. I. Rumack