Are You Required To Pay Toronto’s Vacant Home Tax?

The deadline to declare your residential property's occupancy status for 2022 was February 28, 2023.

Starting at the end of March 2023, the City will send out a Notice of Assessments to those required to pay the Vacant Home Tax (otherwise known as the VHT).

For those who declared their residential property as vacant, the assessment will hopefully not be too much of a shock. We discuss what to expect below.

For those who didn't file the declaration in time or did but believed that they would not be subject to the VHT, the Notices will likely come as an unpleasant surprise.

If you do receive a Notice of Assessment, then you should ask yourselves two questions:

First, is your property actually subject to the Vacant Home Tax?

Second, is the amount of Vacant Home Tax you are being asked to pay correct?

We examine these issues before providing you with options to dispute the findings.

Real Estate Litigation, Commercial Litigation, City of Toronto By-lawsMatt MulhollandMarch 28, 2023Gill & Mulholland LLPComment

IS THE CODE OF ETHICS TRULY ABOUT ETHICS?

Is the Code of Ethics created under the Real Estate and Business Brokers Act (REBBA) (soon to be The Trust in Real Estate Services Act (TRESA)) truly about ethics?

Like it or not the Code of Ethics, and the disciplinary framework that has developed around it over the years, are being utilized to govern, and punish, not only immoral behaviour but also conduct that most reasonable people may interpret as constituting errors or omissions.

However, should the governing body concern itself with the honest errors or mistakes made by registrants in the absence of evidence of any dishonesty or as stated above “moral turpitude”?

Real Estate Litigation, RECO, Disciplinary ProceedingsNeil GillFebruary 7, 2023Gill & Mulholland LLPComment

SELLER’S BREACH OF THE PURCHASE AND SALE AGREEMENT: CAN THE INNOCENT BUYER FORCE THE SALE?

When a seller is unable or unwilling to close on the sale of a home, the buyer may need to respond quickly.

This is because the buyer may not only have a claim for damages, but, occasionally, they might also have a claim for specific performance (namely the court might make an order requiring the seller to honour the Agreement of Purchase and Sale).

Real Estate LitigationMatt MulhollandApril 5, 2022Gill & Mulholland LLPReal Estate Litigation, Real Estate, Litigation

A TENANT’S FRUSTRATION DOES NOT RENDER A CONTRACT FRUSTRATED

Always best to have a contract reviewed by a lawyer before signing instead of doing it once litigation has already started.

Real Estate Litigation, Commercial LitigationMatt MulhollandFebruary 1, 2022Gill & Mulholland LLPComment

The Battle Between Neighbours Over the Great Canadian Maple Tree

Don’t go barking up the wrong tree – unless you’ve first obtained a court order to do so.

Real Estate LitigationMatt MulhollandJuly 30, 2019Gill & Mullholland LLPToronto, Homeowners, Maple Tree, Neighbour Disputes, Disputes, Real Estate, Litigation, Property, Lawyers, Gill & Mulholland LLP

The Sale of Your House Fails to Close – What Happens Next?

Selling or buying a home is often one of the largest and most stressful financial transactions that a person will be involved in during his or her life.

Commercial LitigationMatt MulhollandJuly 3, 2019Gill & Mullholland LLPReal Estate, Homeowners, Litigation, Commercial Litigation, Seller, Buyer, Lawyers, Gill & Mulholland LLP, Closing Date

Keeping Municipalities’ Powers in Check

A property owner can often feel helpless when a municipality starts telling them what to do with their land or when a municipality leaves them out of a development project.

Commercial LitigationAugust MediaJune 11, 2019Gill & Mullholland LLPCommercial Litigation, Litigation, Commercial, Lawyers, Gill & Mulholland LLP, Property Owner, Municipality, By-Laws

The Importance of Considering Zoning By-laws when Growing Cannabis

The legality of cannabis through Bill C-45 has created some unique challenges for many professionals, including real estate agents.

Commercial LitigationMatt MulhollandMay 16, 2019Gill & Mullholland LLPCannabis, Cannabis Grow-Op, Commercial Litigation, Commercial, Litigation, Lawyers, Gill & Mulholland LLP, Injunction, By-Laws

Realtors need to be in compliance with the CRTC’s Do Not Call List Rules

As a real estate agent, you have likely been approached by telemarketers (or other marketing companies) who promise to provide you a large number of new, quality, leads.