EXPLORE OUR MOST COMMONLY ASKED QUESTIONS

Popular FAQ

What is Civil Litigation?

Civil litigation is the legal process used in Ontario to resolve disputes between individuals, businesses, or organizations when they cannot settle an issue on their own. It covers non-criminal matters such as contract disputes, property damage, personal injury claims, and disagreements about money owed. In a civil case, one party starts a lawsuit to enforce their rights or seek compensation for a loss they believe was caused by someone else.

Deposit vs Down Payment (Real Estate)

Deposit: Paid when an offer is accepted to show you’re serious. Held in trust by the seller’s lawyer or real estate brokerage.


Down payment: Total amount you put toward the purchase price. Your deposit counts toward it and the remainder is paid at closing.

What is the time limit to sue?

In Ontario, most civil claims must be filed within 2 years of discovering the injury, loss or damage. In certain circumstances, a notice is required before initiating a civil claim.

Do I need a lawyer to make a will?

No. You are not legally required to hire a lawyer to make a will in Ontario. A person can write a handwritten (holograph) will on their own, and it can be valid if it meets the legal requirements. However, working with a lawyer is strongly recommended to ensure your will is properly drafted, signed, and witnessed so it can be safely relied on when it needs to be used.

How much money do I need to purchase a home?

a. The total amount you need to buy a home in Ontario is more than just the listed purchase price. In addition to your down payment, buyers should be prepared for several important closing costs. These may include Ontario and Toronto land transfer tax, title insurance, legal fees, disbursements, and other adjustments payable on closing. These additional costs can add up and it’s important not to rely solely on the price shown in the Agreement of Purchase and Sale. Before you commit to a purchase, make sure you speak with a real estate lawyer in Ontario who can give you a clear estimate of your full closing costs so there are no surprises on closing day.

What is the cost to notarize a document?

Notary services at our office start at $30.00 + $15.00 per additional page. This applies to common services such as affidavits, statutory declarations, certified true copies, consent letters, and general document notarization. 

Civil Litigation FAQ: Small Claims Court in Ontario

What is Small Claims Court in Ontario?

Small Claims Court is a branch of the Superior Court of Justice in Ontario that allows individuals, businesses, and government agencies to recover money or remedies for disputes. Common cases include:

  • Contract disputes (e.g., unpaid invoices, service agreements)
  • Personal injury claims
  • Property damage claims
  • Consumer disputes

Small Claims Court is designed to be a faster, cost-effective alternative to the Superior Court for claims up to a certain monetary limit.

What is the maximum amount I can recover in Small Claims Court?

As of October 1, 2025, the maximum recoverable amount in Small Claims Court is $50,000, excluding legal fees, disbursements, and interest.

If your claim exceeds $50,000, you can:

  • Waive the excess and proceed in Small Claims Court, or
  • File your claim in the Superior Court of Justice to recover the full amount.
Up to what amount can I appeal a Small Claims Court decision?

As of October 1, 2025, the minimum appealable amount is $5,000. All appeals from Small Claims Court are heard in the Divisional Court.

What is the difference between a counterclaim, crossclaim, and third-party claim?

Counterclaim: Allows a defendant to file a claim against the plaintiff in the same action.
Example: X sues Y for breach of contract. Y files a counterclaim against X for unpaid services.

Crossclaim: Allows one co-defendant to file a claim against another co-defendant.
Example: Two defendants are sued by a plaintiff. One defendant argues the other should pay the damages instead.

Third-party claim: Allows a defendant to bring in a new party not originally involved in the case.
Example: X sues Y. Y claims Z (a third party) is responsible for the damages.

What alternatives exist outside of court?

Before filing a claim, consider alternative dispute resolution:

  • Negotiation: Parties reach an agreement themselves.
  • Mediation: A neutral third party helps facilitate a resolution.
  • Arbitration: A neutral third party makes a binding decision.

These options can be faster, less expensive, and less stressful than going to court.

What are the steps in a Small Claims Court case?
  1. File a Plaintiff’s Claim (Form 7A) and serve it on the defendant within 6 months.
  2. File an Affidavit of Service (Form 8A) as proof of service.
  3. Defendant files a Defence (Form 9A) within 20 days of service and serves it with its own Affidavit of Service.
  4. If a Defence is filed, the court schedules a Settlement Conference within 90 days of the first Defence.
  5. If the dispute is not resolved at the Settlement Conference, the case proceeds to trial, where a deputy judge issues a final decision.
Do I need a lawyer to proceed with Small Claims Court?

No. Individuals in Ontario can represent themselves in Small Claims Court. However, it is recommended to consult a lawyer to ensure your rights and interests are protected, especially for complex cases.

Can I recover legal fees from the losing party?

Yes. Small Claims Court can award legal costs, but they are generally capped at 15% of the claim, excluding disbursements, under Court of Justice Act 1990, section 29.

What is the limitation period for starting a Small Claims Court claim?

Most civil claims in Ontario must be filed within 2 years of discovering the loss, damage or injury, under the Limitations Act 2002.

Real Estate FAQ

Is Title Insurance Mandatory in Ontario?

No. Legally, title insurance is not mandatory in Ontario. However, most lenders require it. If you are doing a cash closing, you are not required to obtain title insurance, however, it is always recommended.

Is the Purchase price of a home the total amount I have to pay?

No. The purchase price listed in your Agreement of Purchase and Sale is not the final amount you will pay on closing. Buyers must also budget for land transfer tax, legal fees, title insurance, disbursements, and other closing costs.

What is Land Transfer Tax and who pays it?

Land Transfer Tax (LTT) is a provincial or municipal tax charged when real property is legally transferred from one owner to another. In Ontario, the buyer is responsible for paying this tax at the time of closing.

Certain municipalities, such as the City of Toronto, also charge a Municipal Land Transfer Tax (MLTT). If you purchase property in these areas, you may pay both the Ontario Land Transfer Tax and the applicable municipal tax.

How is the Land Transfer Tax calculated?
The Land Transfer Tax is calculated based on the purchase price of the home. For the Ontario and Toronto LTT, it is calculated as follows: First $55,000 is 0.5%
$55,000.01 – $250,000 Is 1.0%
$250,000.01 – $400,000 Is 1.5%
$400,000.01 – $2,000,000 Is 2.0%
Over $2,000,000 (for 1–2 unit residential) Is 2.5%
It is also important to note that while buyers in Toronto must pay both the Ontario Land Transfer Tax and the Toronto Municipal Land Transfer Tax, they may still qualify for a land transfer tax rebate.
What is the first time home buyer rebate and do I qualify?

First-time home buyers in Ontario may qualify for two types of land transfer tax rebates, depending on where you buy property:

  1. Ontario Land Transfer Tax (LTT) Rebate
  2. Toronto Municipal Land Transfer Tax (MLTT) Rebate

You may qualify for the Ontario LTT rebate, if all the following apply:

  • You are at least 18 years old.
  • You have never owned a home or any interest in a home anywhere in the world.
  • Your spouse or common-law partner has not owned a home or any ownership interest in a home while they were your spouse.
  • Previous ownership, whether purchased, gifted, or inherited, disqualifies you.
  • The property will be your principal residence.

You may qualify for the Toronto LTT rebate, if all the following apply:

  • You are at least 18 years old.
  • You will occupy the home as your principal residence within 9 months of closing.
  • You have never owned a home or had any ownership interest in a home anywhere in the world.
  • Your spouse has not owned a home or any interest in a home anywhere in the world while they were your spouse.
  • You are a Canadian citizen or permanent resident.
    • If you obtain citizenship or permanent residency within 18 months of the transfer, you may still apply for the rebate.
How much is my first time home buyer rebate?

The maximum amount for Ontario LTT is 4,000 and for Toronto LTT is 4,475, if you qualify. The amount can vary depending on how much LTT you are paying and the purchase price.

How much do I have to put on my downpayment?

  1. The downpayment amount depends on the purchase price of the home.

    If the home is $500,000 or less you will need 5% downpayment.

    If the home is between $500,000 and $1,500,000 then you will need 5% on the first $500,000 and then 10% on the portion above $500,000

    If the purchase price is $1.5 million or more then a minimum 20% is needed.

    Under the Bank Act 1991 section 418(2), if your downpayment is under 20%, you will need a CMHC Mortgage Loan Insurance, also called mortgage default insurance.

What is the difference between a deposit and a down payment?

Deposit: Paid when an offer is accepted to show you’re serious. Held in trust by the seller’s lawyer or real estate brokerage.

Down payment: Total amount you put toward the purchase price. Your deposit counts toward it and the remainder is paid at closing. Your deposit is apart of your downpayment.

Can I back out of my contract after making an offer?

Only if conditions in your offer are not met. For example, you had a condition on obtaining financing and was not able to, then you will likely be able to back out. If you withdraw without conditions, you risk losing your deposit.

Wills & Estate FAQ

What happens if I pass without a Will?

Without a will, your estate is distributed according to provincial intestacy laws, which may not reflect your wishes. A will helps ensure that your assets and property go to the people you choose.

Who can make a will?

Must be 18 years or older, must be mental capacity to understand the consequences, and must make the will voluntarily, without undue influence.

What is an executor?

The executor, also known as estate trustee, is a person you name in your will to administer your estate. It is always advisable you name at least two executors in the event one cannot becomes uncapable of acting.

Can I change my will?

Yes. You can amend a will using a codicil, which involves making changes to an existing will without creating an entirely new one.

What is probate?

Probate is the court process of validating your will. It helps ensure that the will is legally valid and confirms the executor.

The estate trustees must apply for Certificate of Appointment of Estate Trustee in Ontario Superior Court of Justice based on where the deceased passed and where the asserts were located. Depending on the estate value, the individual will either have to get a small estate certificate for estate up to $150,000 or Certificate of Appointment of Estate Trustee.

Do all wills have to go through probate?
No. Depending on what is in your will, it may be except from probate.
Is there an administration tax?
Yes. Also called probate fee, the estate trustee is usually responsible for estate administration tax. At law, when a person passes it is deemed, they have disposed of all of their assets and thus will be taxed on it as such. The tax only applies if it goes through probate. The tax is as follows: 1. First $50,000 is exempt 2. $15 per $1,000 for the estate value after the first $50,000
Do all wills have to go through probate?
No. If the amount of the estate is less than $50,000 then no probate is needed. Additionally, certain assets such as registered plans (life insurance, Registered Retirement Saving Plans, Registered Retirement income funds, or Tax-free Saving Accounts) do not need to go through probate. Real estate outside of Ontario, joint ownerships are all examples of assets do not need to go through probate.

Personal Injury FAQ

How do I know if I have a personal injury claim?

You may have a claim if you were injured because another person or organization failed to act with reasonable care. This includes car accidents, slip-and-falls, unsafe property conditions, dog bites, or other accidents that cause physical or mental harm.

How long do I have to make a personal injury claim?

In most cases, you have two years from the date of the accident or from the date you realized your injury was caused by someone else to start a claim. Some types of claims may have different time limits, so it’s best to get legal advice as soon as possible.

Do I need to give notice if I’ve been injured?

Yes. If your injury happened on private property, you must give written notice to the property owner within 60 days. If it happened on public or municipal property, notice must be given within 10 days. Giving notice on time is required by law, and failing to do so can prevent you from making a claim.

What kinds of compensation can I get?
You may be able to recover money for medical bills, rehabilitation, lost income, future care, pain and suffering, and other related expenses. The exact amount depends on the severity of the injury and how it affects your life.
Can I still get compensation if I was partly at fault?

Yes. Even if you were partly responsible, you can still make a claim. However, your compensation may be reduced based on your share of the fault.

Do personal injury cases usually go to court?

Most personal injury claims are resolved through negotiation or settlement with insurers. Litigation usually happens only when there is a disagreement about liability or the amount of compensation.

How long does it usually take to settle a personal injury case?

It depends on the complexity of the case, the severity of the injuries, and whether the claim settles or goes to court. Some claims are resolved in a few months, while others can take a year or more.

What should I do right after an accident or injury?

Seek medical care immediately, document the scene (photos, conditions, time, date), gather witness information, keep all medical and expense records, and provide any required notice to the property owner or municipality. Acting quickly helps protect your claim.

Do I need a lawyer for a personal injury claim?

You are not required to hire a lawyer, but having one can help ensure deadlines are met, evidence is properly collected, and negotiations or court proceedings are handled correctly.

What if my injury did not show up right away?

If your injury appears later, the time limit to start a claim usually begins when you first realized that the injury was caused by someone else. This is known as the “discoverability” rule.

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