Tuesday, July 9, 2019

Foreigner Sales Tax

You are considered a foreigner if; 

A “foreign entity” is defined as either a “foreign national” or a “foreign corporation.”[14]
A “foreign national” is defined in the Immigration and Refugee Protection Act, as either a “stateless” individual or an individual who is neither a permanent resident nor citizen of Canada.[15]
A “foreign corporation” refers to one of the following types of corporations:
“1. A corporation that is not incorporated in Canada
2. A corporation, the shares of which are not listed on a stock exchange in Canada, that is incorporated in Canada and is controlled, directly or indirectly in any manner whatever, within the meaning of section 256 of the Income Tax Act (Canada), by one or more of the following:
i.  A foreign national;
ii.  A corporation that is not incorporated in Canada;
iii.  A corporation that would, if each share of the corporation’s capital stock that is owned by a foreign national or by a corporation described in paragraph 1 were owned by a particular person, be controlled, directly or indirectly in any manner whatever, within the meaning of section 256 of the Income Tax Act(Canada), by the particular person.”[16]
For the NRST, a “taxable trustee” refers to either a trustee of a trust where either at least one trustee could be considered a “foreign entity”, or importantly, where the trustee is not a foreign entity but where the beneficial interest in the land is held by a foreign entity beneficiary.[17] In other words, if land is purchased using a trust, even if a trustee is not considered a foreign entity, the NRST rules imply that even if one beneficiary (even a potential one) could be considered a “foreign entity”the conveyance could be subject to the NRST.
Trustees acting for three types of trusts are exempt from the NRST: a mutual fund trust[18], a real estate investment trust[19], and a SIFT trust.[20]  https://www.allaboutestates.ca/ontarios-non-resident-speculation-tax-a-cautionary-trust-tale/

You are exempted; If you are Permanent Resident Status or a Citzen of Canada.

Wednesday, June 26, 2019

Share that Patio and Pool between Corporations

Posted: 25 Jun 2019 06:31 AM PDT
In a previous blog post we wrote about the requirements for shared facility managers to be licenced where one or more of the parties to the shared facility agreement is a condominium corporation.  This is a new requirement recently introduced when the Condominium Management Services Act, 2015 (“CMSA”) came into effect.
This is just one issue that has come up recently concerning shared facilities however, condominium corporations continue to face challenges working with other parties, in governing and operating shared facilities.  Each party, whether it is a condominium corporation, a retail/commercial owner or the developer, may have different objectives and this often leads to very lengthy and costly disputes.
It is important that board members and management take the time to understand the terms of shared facility agreements (also referred to as reciprocal or cost sharing agreements) and know what items are covered in the agreement and how decisions are made.   Many board members are surprised to learn that decisions may be made by unanimous agreement, that there is no shared facility management provided for or/and no reserve fund for shared facilities.
It is usually when disputes arise, that board members and management, look to legal counsel to review the agreement and soon discover what the issues are.
Here are a list of 8 top issues with Shared Facility Agreements:
1.    Unanimous decision making.  If parties don’t agree, how can decisions be made?
2.    Agreement does not provide for a shared facilities manager.   Who manages the shared facilities?
3.    Agreement provides for a shared facilities manager who was appointed by the developer and one or more parties want to terminate that management company. Unanimous decision making prevents termination of management if one party objects.
4.    Missing shared facility items. An item clearly being shared is not listed as a shared item.  Who pays for the cost and what portion of those costs?
5.    Proportionate shares of contribution are not equitable. The shared facilities agreement provided by the developer, will set out each parties respective proportionate share of costs relating to the shared facilities. It is down the road when the shared facilities are in operation, that it becomes evident that the split between the parties clearly favours one over the other.
6.    Shared facilities reserve fund is not in the agreement nor is a shared facilities reserve fund study required.   If there is no shared facilities reserve fund referred to in the agreement, then each party will contribute to their own reserve fund which will cover that portion of the shared facilities located within their property.  Commercial/retail owners, if a party to the agreement, would not require that a reserve fund be maintained for any shared facilities located within the boundaries of their property. This gives less control to the other parties over reserve fund repairs to the shared facilities.
7.    No shared facility committee.   Yes, there are agreements in which one party will manage the shared facilities and just report to the other. Decision making is made by one with the others only able to dispute decisions through mediation/arbitration proceedings.
8.    Quorum for shared facility meetings.   All parties must show up to make quorum.  What do you do when one party fails to attend?
If possible, the best solution to all these issues is to amend the shared facilities agreement, otherwise, condominium corporations will be faced with long drawn out legal proceedings.  Unfortunately, as is most often the case, it is only when proceedings are commenced that parties soon realize that the amendments are clearly the only way forward.


Next let's talk about Privately Owned Patios....  like between The Firken and Eden in Humber Bay Shore... 

Thursday, June 20, 2019

First Time Buyer Incentive

How do I know how much I have to pay back?
  • You receive a 5% incentive of the home’s purchase price of $200,000, or $10,000. If your home value increases to $300,000 your payback would be 5% of the current value or $15,000.
  • You receive a 10% incentive of the home’s purchase price of $200,000, or $20,000 and your home value decreases to $150,000, your repayment value will be 10% of the current value or $15,000.

You can repay the Incentive at any time without a pre-payment penalty. You have to repay the Incentive after 25 years or if the property is sold. The repayment of the Incentive is based on the property’s fair market value:
NOTE: If your property value goes down, you are still responsible for repaying the shared equity mortgage based on the current home value at time of repayment.


@GarthTurner says First, the 5%  Justin-mortgage-helper limits the borrowed amount to four times the income of the borrower ($120,000 or less), which is less than the banks now offer every day. The formula also limits the purchase price to around $500,000, which buys a nice garage in Kits. But the worst aspect of this plan is the pay-back.
Once a borrower signs on for a shared-equity mortgage they’re obligated to share any gain with the feds after 25 years, or when the property’s sold. Since the purchase price is low, odds are the kids are buying fixer-uppers and will pour a lot of extra cash into renos over the next few years. Add in any market appreciation, and you can see the problem. A 5% helping hand on the original low purchase price can turn into a big cheque to Ottawa upon the sale a decade or two later – coming right out of the tax-free principal residence capital gains exemption.
Now, why would anyone sign on for that? And yet will federal advertising for this program? 

Thursday, May 30, 2019

Your HOME can STAND out with the Walk Thru Video

Something crazy happens when an agent starts using video in their marketing.

It creates a massive impact on your prospects – because the words we hear echo in our minds 3-4 times longer than the words we read.

And when people SEE you, they trust you more, like you better… And you’ll look just as good as any agents in your market.

That’s why I want to share a super simple, fast video type anybody can do: The Walk Through Video.  This video can be inserted into the REALTOR.ca feed for your listing. 

The IMPACT Viewership will come from a Matterport 3D Virtual Tour like this;

Are you ready to try it?
Book an appointment now.


Tuesday, May 7, 2019

Share the pool with girls?


Some time ago we blogged about a lawsuit commenced by several condo owners in New Jersey against their condominium association after it instituted rules that restricted mixed-gender swimming in the association’s pool.

Approximately two-thirds of the condo residents are Orthodox Jews, whose faith prohibits men and women from bathing together. In order to accommodate the religious residents, the condominium association implemented rules that allow mixed-gender swimming only on Saturdays (which is the Jewish Sabbath and a day when the religious residents would not be using the swimming pool), and for two hours daily on the other days between 1:00 pm and 3:00 pm. For the balance of the week, time periods were allocated for separate men only and women only usage of the pool, 32.5 hours for men and 33.5 hours for men. However only 3 ½ hours were allocated for women on weeknight evenings, while 16 ½ hours were allocated for men on weeknight evenings. This detrimentally affected women who were employed during the day. In addition, the entire period from 4:00 pm onwards on Fridays was allocated to men. The condominium association tried to justify this disparity on the basis that Orthodox women would be busy on Friday afternoons preparing for the Sabbath.
The plaintiff owners claimed that the pool rules were discriminatory and in contravention of the federal Fair Housing Act and the New Jersey Law Against Discrimination. They commenced the lawsuit after they were fined by the association for swimming during the hours reserved for the opposite sex.

In January a judge ruled that the separate swim hours were not discriminatory as they applied to both sexes. However, that decision was overturned by the U.S. Court of Appeals for the Third Circuit. The Appeals Court determined that although approximately an equal number of hours were allocated to each sex, the rules discriminated against women as only 3 ½ hours were allocated for women on weeknight evenings, while 16 ½ hours were allocated for men on weeknight evenings.

It is interesting to note that the Court did not rule that the implementation of separate swimming hours for men and women for religious reasons was in itself discriminatory. While theses rules were implemented for religious reasons pertinent to Orthodox Jews, they applied to all of the residents regardless of their religious beliefs. As a result, some freedoms of the non-religious residents were curtailed in order to accommodate the religious beliefs of the majority of the residents. On the other hand, if the condominium association did not implement separate gender swimming hours, the failure to do so would have curtailed the freedom of the religious owners to enjoy the pool while still complying with their religious principles.

Wednesday, April 24, 2019

Reverse Mortgage You really want it?

An Excellent perspective.

Reverse Mortgage
A reverse mortgage is simple. You get a bag of money to spend on anything and never have to pay it back. In return the lender goes on the title of your house and charges you interest and fees that you never really see. So over time the debt grows – the opposite of a conventional mortgage. The money is eventually returned to the lender when you sell the property or croak, in which case your estate pays.
The advantage is tax-free funds and no payments. The disadvantage is you’re eating up your real estate equity every month. For example, a 70-year-old living in a paid-for $1 million house, qualifies for a reverse mortgage of about $350,000. If that cash lasts for ten years of expenses, at age 80 the reverse mortgage debt will have grown to $670,000. Seven years later it will top $1 million. The heirs will be pissed.Want it?  https://www.greaterfool.ca/2019/04/23/in-reverse/

What you want can bite you later

Call to book an appointment 

Wednesday, April 10, 2019

Sue the Condo Corp for Vandalism to your car

In a recent case, Friedich v. MTCC No. 1018, a condominium resident unsuccessfully sued the condo corporation after his vehicle had been vandalized.
The corporation had made changes to its security for the garage. The previous telephone entry system was replaced by closed circuit televisions and security guard patrols every two hours.
The resident alleged that the changes to garage security resulted in easy access to vandals. He argued that the corporation had breached its obligation contained in section 17 of the Condominium Act, 1998, to control, manage and administer the common elements and was also negligent under the Occupiers’ Liability Act in failing to keep the parking garage secure.
The resident’s case was dismissed after the Court concluded that the resident did not provide any evidence that the change in the garage security made it more likely that his car would be vandalized or that the corporation’s security protocol fell below industry standards. The resident did not even provide any evidence to substantiate that his car had been vandalized while in the parking garage.
The Court stated that the corporation was not an insurer and determined that if there was any vandalism that occurred to the resident’s vehicle while in the garage, the damage was caused by criminals, not the condominium corporation. The Court found that the corporation had acted reasonably in hiring the security firm and that there was no evidence that the security firm did not discharge its duties in a professional and reputable manner.
The Court decision was upheld on appeal to the Superior Court of Justice. The dismissal of the appeal was based on the fact that the resident failed to establish that the corporation had breached the standard of care required under the Occupiers’ Liability Act.
The Superior Court also acknowledged that the Board’s business judgment concerning the security system was entitled to deference. The Ontario Court of Appeal has recognized that the “business judgment rule” applies to condominium board decisions. As long as the board of directors has acted honestly and in good faith and exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances, the courts will give deference to board decisions. Directors who have met the requisite standard of care won’t have to worry about the court “second-guessing” board decisions.

Condo Cameras VS the Right to Privacy

Police Surveillance Cameras in Condominiums
Should police be entitled to install video cameras in the condominium common elements in order to obtain evidence about suspect residents engaged in criminal activities?In the case of R.v. Brewster, it was revealed that the police had installed video cameras in the underground parking garages and the hallways of several condominiums. Some of the cameras were installed without a warrant, but with the permission of either the condo manager, or the condo manager and board of directors. Other cameras were installed after the police obtained a warrant authorizing the installations. The police obtained the warrant in the event that they would not be able to obtain the consent of the condo manager or board. However, consent was not refused by any of the condominiums.In all, there were 14 suspects associated with 14 units at 11 different condo buildings that were involved in the investigation. The police felt that video surveillance was necessary as it was not possible to conduct live physical surveillance as the suspects were armed, dangerous and members of organized criminal groups.When the warrant was granted certain restrictions were imposed:§ All observations could only be made by a police officer;
§ All cameras should be installed so as to minimize capturing any observations within a unit;
§ There would be no ability to capture any audio.
While the video cameras did not point directly at any residential unit, there were instances where the cameras captured glimpses of the interior of a unit and residents in the doorway (including residents of the condominium who were not the suspects of the investigation).In one condominium the condo manager gave the police a key fob and access code to gain entrance to the front lobby and the underground parking garage. This was done without the knowledge of the board. After police requested to install a hidden camera in the ceiling of the hallway, the manager obtained the consent of the board to allow the installation, but did not inform the board of the location of the camera.The accused in this case argued that their rights under section 8 of the Canadian Charter of Rights and Freedoms had been violated as the police investigation involved unreasonable search and seizure that was not authorized by law. They took the position that a warrant was required and that the consent of the condominium management/board was not sufficient to lawfully authorize the surveillance cameras.The Ontario Superior Court of Justice determined that the condominium property management and board have the “full authority to determine these kinds of issues, relating to the safety and security of the common areas of the building, including the installation of surveillance cameras”.
The Court also implied that the condominium management or the corporation, itself, had a moral or social duty to assist the police:“. . . the law-abiding citizens of the condominium building are entitled to cooperate with a police investigation, pursuant to their ‘moral or social duty’ and in order to protect their own interest in the security and safety of the building. In doing so, they act through the agency of the building management.”
 The Court also concluded that no warrant was needed to authorize the installation of the cameras in the common elements as police observations and videos of the hallway were no different than police observations and videos taken from the street or sidewalk of a free-standing house. It was also noted that many condominiums have their own video surveillance cameras installed in the common elements to enhance the security of the condominium.
“. . . surveillance cameras are commonplace in the lobbies, parking garages, elevators and hallways of condominium buildings, indicating that the owners accept this reduction of their privacy interest in these common areas that lead to their homes, in favour of collective security. This interest in enhanced security in the common areas of condominium buildings is not surprising, given that a resident of a multi-unit building is living in very close proximity to neighbours who may not be known and who may be suspicious or even dangerous.”” There is no reasonable expectation of privacy (or a very low privacy interest) in common areas like parking garages, lobbies, elevators and hallways, provided that police do not conduct intrusive surveillance of activities inside the apartment or condominium unit from their vantage point in the common areas.”The Court further noted that while there was some interference with the privacy interests of innocent third parties, these instances were brief and were not significant.The accused have appealed the decision. The appeal is scheduled to be heard on April 8, 2019. While the appeal decision will directly affect the accused in the case, the decision will also be of interest to condominium management, boards and residents as it will look at the extent to which police can install  video surveillance cameras in condominium common elements and the privacy rights of residents while on the common elements.

What do you think? 

Monday, April 8, 2019

Stepping up from “virtual tours” with Matterport

For decades, agents looking to advertise homes for sale had one option, the print media. Then, in the mid-80s, the the internet changed the world. But still that only offered a wider, and cheaper, exposure for Realtors’ still photographs. It took another two decades for dramatic advances to appear. Now Realtors are expanding their presentations with drone photography, virtual staging, and 3D tours. #Matterport The best 3D tours are truly stepping up from the “virtual tours” that appeared a just few years ago. Those either seem stilted or tacky in comparison to the 3D tour, and sometimes turn out to be simply slide shows with music. The more naturalistic 3D tour allows you to move around in the room, and among the rooms, and zoom in to inspect details. Change Levels, view the doll house view or switch to a floor plan of the home. All of these options are available for home and condo listings at davidpylyp.com , the website of Realtor David Pylyp (RE/MAX Realty Specialists Inc Brokerage). 647.218.2414 Book your event today http://Calendly.com/DavidPylyp #Toronto #Canada April 08, 2019

Monday, March 25, 2019

Build a deck outside my Condo Townhouse - Ontario

What an eye sore...  all that wet mud without vegetation.  I'll just add a deck outside.

Neighbour has one...   Whats the big deal? 

Court Orders Condo Owner to Enter into Section 98 Agreement
After a condo unit owner constructed a backyard deck on the common elements abutting the owner’s unit without obtaining the consent of the condominium corporation, the corporation applied for a court order compelling the owner to enter into a section 98 agreement. (D.C.C. No. 43 v. Bradley)Section 98 of the Condominium Act, 1998 (the “Act”) provides that owners cannot make any addition, alteration or improvement (“Alteration”) to the common elements without obtaining the consent of the corporation and without entering into an agreement that allocates the cost of the Alteration between the owner and the corporation, and also sets out their respective duties and responsibilities relating to repair after damage, maintenance and insurance of the Alteration. The Act further requires that section 98 agreements must be registered on title so that the obligations of the owner relating to the Alteration will be binding on future owners of the unit.A number of telling points were set out in the court decision:§ There is no right vested in an owner to make any Alteration to the common elements;
§ The Act merely provides a mechanism whereby an owner can obtain consent to make an Alteration to the common elements;
§ The consent to make an Alteration is at the discretion of the condominium board and the Act does not limit this discretion;
§ Consent to make an Alteration can be denied for safety concerns, aesthetic reasons and reasons relating to market value, among others;
§ Even if other owners were able to make an Alteration to the common elements without consent and without entering into a section 98 agreement, this does not constitute a waiver of the requirements of Section 98.
The owner had argued that: the deck was needed as the condition of the yard was unsafe, muddy and an eyesore; the deck would be removed prior to the unit being sold; and the owner of the adjacent unit was not required to enter into a section 98 agreement for a similar deck. The owner’s points were determined by the court not to be relevant. The court concluded that the deck was an Alteration that requires maintenance and repair and also gives rise to potential liability and for this reason a section 98 agreement was required.The owner was ordered to either enter into a Section 98 agreement or remove the deck within 30 days, failing which the Corporation is entitled to remove the deck and the charge the costs to the owner as common expenses.Condominium unit owners need to understand that while they own their own unit, they do not have the same rights and freedoms as owners of freehold property. Condominium owners are bound by the obligations and restrictions contained in the condominium declaration and rules and the Act.  

Friday, February 22, 2019

Digital Marketing Build your list

Online marketing trumps traditional marketing in forms of both effectiveness and potential for saturation, but how do you go about marketing a home or condo on the internet? If you're going to set yourself apart, not only do you need to understand the fundamentals and mechanics of digitally marketing real estate, but you also need to ensure you have something that accurately portrays your home.

Simply put, pictures just don't do it anymore. Everyone knows that videos have begun springing up across realtors' websites in an effort to better showcase a home. It's obvious that videos help. However, today, a simple video just won't cut it anymore, nor will great photos. Today, for realtors and prospective home owners to set themselves apart in the digital marketing fray, they need 3D models and showcases of their homes.

3D VirtualTours like this  http://Bit.Ly/LuxuryVT  #Toronto #Etobicoke #Homes


Let's set a time to talk about your needs 

Tuesday, February 19, 2019

Its never about the money; But it is

Is it really about who had the new roller skates in 1965?

Family torn apart by incapacity, ownership, living gift issues

When great wealth is at stake, families are time and again torn apart. In 2018, the Ontario Superior Court of Justice presided over a particularly vicious case involving three siblings, their elderly mother, a sophisticated game-playing spouse, and Mattamy Homes (Rubner v. Bistricer 2018 ONSC 1934).

POA means there are responsibilities.

Who is your Executor? 

Wednesday, February 6, 2019

Toronto Real Estate The Year in Review

Toronto Real Estate Stats and Graphes


What do you think will happen?

Toronto Real Estate Board says;

TREB President Garry Bhaura announced that Greater Toronto Area REALTORS® reported 4,009 home sales through TREB’s MLS® in January 2019 – up by 0.6 per cent compared to January 2018. On a preliminary seasonally adjusted basis, sales were up by 3.4 per cent compared to December 2018.
“It is encouraging to see the slight increase in January transactions on a year-overyear basis, even with the inclement weather experienced in the GTA region during the last week of the month. The fact that the number of transactions edged upwards is in line with TREB’s forecast for higher sales in calendar year 2019,” http://www.trebhome.com/market_news/market_watch/2019/mw1901.pdf

 Garth Turner says:

But here’s the reality. As reported here ten days ago, the current average detached 416 price of $1.174 million is 13.3% lower than it was exactly 12 months ago. Someone needing to sell would have a loss of more than $180,000 plus $47,138 in land transfer tax (paid when they bought) and another $58,700 in commission. The total hit = $285,800, or 21%. The average detached house in the heart of the GTA is changing hands for 12% less than in the Spring of last year and a 25.6% below what it commanded the previous year. https://www.greaterfool.ca/2019/02/15/the-fraud/

Real Estate is local

We need to look neighbourhood by neighbourhood, street by street.

Not all are down.... 

Where do you get your real estate advice?   Over the fence from Wilson? 

Wednesday, January 23, 2019

Foreign Buyer Tax Surprise - Toronto

Yes! Welcome to Canada!

Welcome to the Toronto GTA 

Glad you would like to put down roots; raise a family, build a life here with us.  Effective April 2017;

You are subject to a Foreign Buyers Tax of 15% in Ontario... 

You must pay this tax if;

foreign national, as defined in the Immigration and Refugee Protection Act (Canada), is an individual who is not a Canadian citizen or permanent resident of Canada.
permanent resident means a person who has acquired permanent resident status and has not subsequently lost that status under section 46 of the Immigration and Refugee Protection Act (Canada).

There are a few exceptions by type of property, residential vs commercial and marital status.

Non - Resident Speculation Tax. 

Time to Buy?  Call 647 218 2414   http://ShopTOism.com 

Monday, January 14, 2019

Do you really want to be a landlord ???

Why would anyone ever want to be a landlord? Not only will you be subsidizing the person who leases your place (since it costs you more to own than you are receiving monthly), but you’re now obligated to look after this human. Yeah, just like a beagle. The heat and water have to work. The appliances, too. No safety issues. No outstanding repairs. Functioning toilets. And a tough time getting rid of someone, even if they don’t pay the rent. All so you can lose money? Huh?


or you could take a few courses 

Gird your loins with Harry Fine   Paralegal and prepare yourself 


Everything has changed in the last 36 months....

Lets talk    647 218 2414


I still believe in long term investment in real estate to build equity.   This is a ten and 15 year plan; not 9 months.

3D Tours - Virtual OPEN HOUSE

3D Virtual OPEN HOUSES are possible with a Matterport Camera and HOSTING by Matterport  

Sample Condo 

or Best Display of a Luxury Home in Mississauga

If a picture speaks a thousand words imagine the impact of a Matterport 3D Tour with 360°  views. Your condo available to thousands of new Buyers, shared by enthusiasm and social media. 

Virtual tours are hosted for a minimum 6 month period, so that you can use them in additional eBlast Marketing.

[Tours] can be embedded into a website or blog you control,  resized, like you would a YouTube video; they can be linked to TREB Virtual Tours. 

Cost is a minimum of $150 for the first 1,000 square feet then 15 cents psf there after.

Trimming of the model is onsite. (ESTABLISH WINDOW DOORS AND MIRRORS)  Time for scan is approximately one hour per 1,000 square feet.  More open space, timing is faster.  Additional Rooms take more time and more scans. Any camera position can be loaded as 360 degree camera view or high res image.

Floor plans are available at $50 per property.  (turn around 48 Hours) 

Bookings require good daytime lighting. ( near noon is best )

If you would like to schedule a scan contact http://DigitalImagingToronto.ca

If you would like this included with your listing call 647.218.2414 

*Not intended to solicit properties currently under contract