PROGRAM
*This program, including the speakers and panel sessions, will be updated and is subject to revision prior to the event of April 25, 2017
This program contains 1 Professionalism Hour This program is eligible for up to 2 Substantive Hours
Time Event
5:00-5:05 Registration and Welcome
Event Chair: Lai King Hum - Director, FACL (Ontario), and Founder, The Hum Law Firm 5:05-5:50 A Lot from the Dot – Recent Developments in Real Estate Law from the Director of Titles
Jeffrey Lem - Director of Titles, Ontario Ministry of Government and Consumer Services and Bencher of the Law Society of Upper Canada 5:50-6:15 Taxation and Accounting Strategies in Operating a Legal Practice
Jin Wen - Senior Manager, Tax Services, Grant Thornton LLP
6:15-6:30 Break and Dinner Service 6:30-7:00 Litigation Best Practices: Avoiding the Potholes on the Road to Success
Anna Wong - Partner, Landy Marr Kats LLP
7:00-7:30 Neuroscience, Cognitive Biases and Malpractice Claims
Ian Hu - Counsel, Claims Prevention and practicePRO at LAWPRO 7:30-8:30 Coffee and Networking
A Lot from the Dot – Recent Developments in Real Estate Law from the Director of Titles
Jeffrey Lem - Director of Titles, Ontario Ministry of Government and Consumer Services and Bencher of the Law Society of Upper Canada Part I: The Mechanics of Land Registration and Title Searching (15 mins)
1. The Brand New Land Transfer Tax Reporting Protocol: The need to get out of Teraview, go to TeranetExpress, complete the new Ministry of Finance questionnaire, get a code number confirming your questionnaire has been answered, and then go back into Teraview to close a house deal or a farm/cottage deal. This is now mandatory and Teraview will not work after May 5, 2017 if you do not get your code number from TeranetExpress. http://www.fin.gov.on.ca/en/tax/ltt/prescribedinfo.html 2. The Land Registration Team: The role of the DOT; the Deputy DOTs; Regulatory Services Branch; the Director of Land Registration and his 54 Land Registry Offices and staff; the “computer geeks”; MAG lawyers; Teranet; and how it all comes together.
3. The General Work Queue and [email protected]: Certification is no longer done locally in the LRO in which the land is situate. Instead, there is a general work queue for certification, backed up by a support network, and centralized emailing to [email protected], which means that local certification doesn’t really matter as much anymore.
4. Teraview Web: The good news is that Teraview will be switching platforms with a new look that is web-based, AODA compliant and totally bilingual. The bad news is that it is coming soon (really soon) and you will have less than a month to get used to it before old Teraview disappears forever.
5. ONLand: We are building a brand new way of “deep searching” behind the PIN, and it is coming to a computer near you. The good news is that ONLand will be just like searching old abstracts at the LRO. The bad news is that ONLand will be just like searching old abstracts at the LRO (the indices are complete with historical quirks that were inherent in the original paper indices).
6. Withdrawals and Corrections: Documents are only instruments once they are certified but documents can be returned for correction before being issued the coveted “C”, and if the documents are not corrected promptly, then they can be withdrawn. The good news is that the LRO will call your office if a document is needs correction (which is materially better for solicitors than the Teraview-only messaging that had been proposed last year). The bad news is that “the trains will run on time” in the withdrawal and correction process so defective instruments have to be corrected promptly.
7. The End of Paper Registrations: Land registration in Ontario is 99% digital. There are a few documents still registrable in paper (mainly non-converts in Registry). In pure Land Titles, paper construction liens are already gone, tax deeds are next. Eventually there will be nothing left in paper in Land Titles. Part II: Some Specific Reminders of Problem Conveyancing Issues (10 minutes)
8. Section 71 Agreements: Not everything is an “unregistered estate, right, interest or equity” and there is a difference between a Section 71 interest and an interest subject to a Certificate of Pending Litigation. I will remove illegitimate Section 71 registrations. Eventually, the no-notice-notice will be abolished, but, until then, the no-notice-notice cannot be used to subvert the decision of the LRO.
9. Trusts: With limited exceptions, the Land Titles Act will not recognize trusts, with a variety of implications: spouses of beneficial owners cannot designate the property as a matrimonial home; writs cannot attach to beneficial owners’ properties; beneficial owners cannot register agreements that relate to their interests; and trustees change by transfer, not application. There is a quirk for dual trustees.
10. Change of Tenure Applications in Co-Ownerships: Tenants-in-Common vs. Joint Tenancy vs. “silent tenure”. Get it right from the start because the odds of fixing it after-the-fact are next to impossible. We still get approximately a request a week to fix botched co-ownerships, and we rarely grant them.
11. First Dealings: In Land Titles, death of a personal owner almost always requires probate. There is an exemption for estates under $50K in value, but this exemption is rare given the value of real estate these days. There is another exception from probate for certain LTCQ properties that can save your clients thousands in probate fees. How to know if your LTCQ property qualifies for “first dealing” treatment. The general rule of thumb is that “you buy in Registry, you die in Registry”. This is a one- time exemption for all LTCQ Properties.
12. Writ Statements: The rules for writs under $50K require a law statement as to the amount owing and then a client statement to clear. Eventually, I will withdraw the $50K threshold altogether so that there will be no $50K threshold and it will be, instead, “all writs, all law statements, all the time”. The “disappearing writ statements” in Teraview continues to be a problem, and there is an explanation for it and, more importantly, a way to keep your writ statements from “disappearing”.
Part III: Interesting Recent Caselaw (10 minutes)
13. Gold v. Chronas: The Ramsay case validated expired easements, Bill 152 killed them again, but Gold v. Chronas has re-validated expired easements under certain circumstances.
14. 2336574 Ontario Inc. v. 1559586 Ontario Inc.: Time of the essence means time of the essence, even after the Supreme Court of Canada’s “landmark” decision in Bhasin v. Hrynew.
Part IV: The Future of Land Registration and Title Searching (10 minutes)
15. Smarter Software: The possibility and implications of a Manitoba-styled “smarter” Teraview with real artificial intelligence. 16. Electronic Funds Transfer: While Teraview permits all of the conveyancing to be closed from the comfort of your own office, we still need to run around with certified cheques. What part of this makes any sense? Anyone want to see Teraview’s Closure back?
17. The Future “Off-title” Searching: A page from the Aussies and Kiwis – digital off-title searching, consolidated into the ELRS and available off the PIN.
The Real Estate Supercourt: The Land Title Tribunal gives speed and certainty and may be a part of the key to “access to justice”.
Taxation and Accounting Strategies in Operating a Legal Practice
Jin Wen - Senior Manager, Tax Services, Grant Thornton
Sole proprietorship, partnership, or professional corporation – which structure is most advantageous for you? This presentation will evaluate the pros and cons of the different structures to meet the goals and needs of practitioners. Participants will gain a better understanding of the financial mechanics of operating a legal practice, strategic considerations relating to them, and the tax and accounting implications of the different structures.
The presentation agenda will address the following topics:
What structural options are available for legal practices and what are the similarities and differences among the options? What are the accounting and tax implications of the different options and what factors should lawyers consider when determining the appropriate structure for their practice? (15 minutes)
How can key benchmarks (e.g. utilization rate and realization rate) and financial management concepts (e.g. cash flow cycle) be most effectively incorporated into a legal practice and used to guide strategic direction? (10 minutes)
Litigation Best Practices: Avoiding the Potholes on the Road to Success
Anna Wong - Partner, Landy Marr Kats LLP What makes, and how do you become, a successful litigation lawyer? The key to having a successful career in litigation lies in avoiding pitfalls that can torpedo your relationship with clients and your reputation in the profession. Find out what those pitfalls are, and how you can steer clear of them! Navigating key provisions of the Rules of Civil Procedure to litigate more efficiently (10 minutes) Client communications and managing expectations (10 minutes) Professionalism and Civility in and out of the courtroom (10 minutes) Neuroscience, Cognitive Biases and Malpractice Claims
Ian Hu - Counsel, Claims Prevention and practicePRO at LAWPRO Recent findings in neuroscience have revealed insights about how people make decisions. Learn about these insights and how they can help you prevent malpractice claims. From improving client communication, setting expectations, to investigating a file, you will take home some tips to improve your practice. For all areas of practice.
Communications & malpractice claims (5 mins)
Managing decision fatigue (7 mins) · What the studies have found · How it applies to clients · Best practices
Using anchoring effect (7 mins) · Examples of anchoring effect · How clients perceive expectations · Managing client expectations
Similarity bias (7 mins) · Being a likeable lawyer · Similarity is not sameness · Matching body language, vocabulary, voice
Questions (4 mins)