Monthly Archives: February 2017

Closed and Open Mediation

There is a difference between closed and open mediation.

Closed Mediation maintains confidentiality of the parties. This means that the negotiations and offers made are not used as evidence in any legal proceedings between the parties. Mediators will not give any report to the court or to the lawyers of the parties. Most family mediations held in Ontario are closed mediations.

Open Mediation waives the confidentiality which means that whatever said during the mediation process can be disclosed in any legal proceedings between the parties. In an open mediation, the mediators prepare a report when the mediation comes to and. This report may be submitted to the court.

Pre-Mediation Screening

Pre-mediation screening takes place before the parties agree to proceed with the mediation process. It helps the mediator to determine the procedural needs of each party and whether mediation is appropriate for the parties or not. The mediator meets with each party separately at the intake meetings. Each party completes an intake form.

Screening is usually for domestic violence and abuse, mental health and any drug/alcohol addiction or any vulnerability fears the parties may have. This initial meeting gives an opportunity to the party to seek more information and to clarify any questions that will help the party to make a decision. This would establish if the mediation is appropriate or not.

Screening is an important step and is taken very seriously at our office.

Call us @ 905-290-7205 for more information.

Ontario Land Transfer Tax

Every person who has acquired a beneficial interest in the land by completing a registration of conveyance is liable to pay Land Transfer Tax under the Land Transfer Tax Act. Land Transfer Tax is payable on each transfer/conveyance of land in Ontario unless exempt under the Act. It is usually calculated based on the value of consideration. According to the Act, any conveyance completed on or after January 1 2017, tax will be calculated in the following manner at the rate of:

0.5% of a total consideration of the conveyance upto $55,000.00

1% of a total consideration of the conveyance that exceeds $55,000.0 upto and including $250,000.00

1.5% of a total consideration that exceeds $250,000.00 upto and including $400,000.00

2% of a total consideration that $400,000.00

2.5% of a total consideration that exceeds $2,000,000.00 and the conveyance of the land that consists of one and not more than two single family residences.

Benefits of Family Law Mediation

Here are some of the reasons why one should opt for family law mediation over litigation. Court process is stressful and expensive. Mediation is a dispute resolution process facilitated by the neutral and impartial third party.

Family Law Mediations is a voluntary process. The parties meet face to face (with or without their respective lawyers) with the mediator. The parties have control over the mediation process. It is the party’s decision to participate and to continue the mediation process. If they are not happy with this process, they can terminate it at any time.

Mediation is an informal process and removes the adversarial atmosphere found in the court process and litigation. There is no win and lose situation in mediation. Problem solving is the key where parties have the priority to negotiate the terms of their separation.

Mediation is confidential and private. It gives the parties a platform to communicate and have an open discussion to arrive at a mutual settlement. The mediator facilitates this communication between the parties and helps them make decisions for themselves. The mediator does not make decisions, the parties make decision.

Mediation process focuses on settlement of all the issues between the parties and in the interest that is common to both parties. In this process the parties and the children are the priority.

It is cost effective. Parties share the cost of the mediator. Of course party pays for their own lawyers, if they have one, but since the purpose is to settle the matter, the costs are usually kept low. This is not so when the matter is in court or out of court negotiations.

If you require family law mediation, Call me @ 905-290-7205 for more information.

Occupancy Date

Occupancy date also known as interim closing date is a date on which the purchaser takes possession of the new condo from builder, prior to final closing and transfer of title. The buyer pays an occupancy fee from this date until the unit transfer date.

Interest Adjustment Date

It is a date on which an adjustment is made for interest that accumulates between the date the loan/mortgage was advanced and the first charge payment date for the following month.