fbpx

Court of Appeal Rules on Tarion Warranty Corporation’s Purchase Rider

According to a story in the Toronto Star, Ontario’s highest court has ruled against Tarion Warranty Corporation regarding its compulsory addendum form. According to the Court of Appeals, the addendum that is attached to each builder agreement is complex, particularly confusing, and lacks consumer protection.

In 2016, Anthony Ingarra signed an agreement to purchase a house from Previn Homes. This agreement had the mandatory Tarion addendum and a firm closing date of January 11, 2018. However, on that date, the builder could not close because it did not have the municipal occupancy permit. Instead, the permit was issued the following day.

Tarion Warranty Corporation

Unfortunately, Ingarra was not ready to close on this date either as he was not in funds. His lender requested five more days to approve the loan, but the home was incomplete when the appraiser inspected it prior to closing.

According to the Tarion addendum, a compulsory framework must be followed when closings are extended. If the builder is not able to close by the agreed-upon closing date and does not provide notice of the delay, the addendum mandates that the new delayed closing date be 90 days later, unless both parties come to a different agreement.

Legal counsel for both the builder and the buyer paid no regard to the addendum and agreed that the new closing date would be January 15th, which was then moved to January 17th. On January 17th, Ingarra asked for an extension of one more day to close. The builder’s lawyers declined the request, terminated the transaction, and kept Ingarra’s deposit.

Unwilling to give up that easily, Ingarra applied to the Superior Court, asking them to force the builder to close. In May 2019, the judge ruled that Previn Homes breached their contract and ordered that the sale be completed. The builder then appealed to the Court of Appeal.

Justice Peter Lauwers, on behalf of the three-judge panel, ruled that Previn Homes’ termination of the contract was valid. If Ingarra had invoked the automatic 90-day extension provided in the addendum, he could have agreed to close sooner. Since he did not, he no longer had certain rights.

Justice Lauwers commented that reaching this decision gave him no satisfaction. He went on to point out that the Tarion Addendum does not even begin to protect consumers. It’s small-font, single-spaced convoluted, long, and obscured document is a dangerous trap for trusting laypeople.

Do You Need a Skilled Mississauga Lawyer?

Are you having difficulty with a contract, a builder, or a home purchase? No matter your conundrum, we can help. Our lawyers have experience assisting clients with all types of legal challenges. We work tirelessly to get the justice you deserve.
Connect with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. Our experienced Mississauga lawyers assist clients of all nationalities and backgrounds and offer services in 17 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil. The sooner you call, the sooner we can help.

When Death Preempts a Settlement Disbursement

Insurance settlement cases are usually fairly straightforward. The party with the claim and the insurance company negotiate a mutually agreeable settlement, paperwork is drawn up and signed by both parties, and then a cheque is issued. Both parties go their own way, and the matter is legally over. Normally, there’s not much more to the process – but what if the victim dies before signing the settlement paperwork?

This question was recently brought before Superior Court Justice Robert Reid in the case of Estate of Riggs v. Intact. Justice Reid determined that his court did not have jurisdiction in the matter and that the Licence Appeal Tribunal (LAT) did. However, Justice Reid offered his opinion anyway, stating that the settlement agreement should be binding despite a claimant passing before signing the legal paperwork involved.

The History Behind Estate of Riggs v. Intact

In 2015, the late Gerald Riggs was in a car accident. On December 17, 2018, he and Intact went to mediation. The mediation was successful, and they reached a settlement that included the following:

  • The tort insurer would pay the all-inclusive sum of $300,000
  • Intact would pay an all-inclusive amount of $350,000
  • Intact would also pay for attendant care, incurred treatment plans, physio, and the rehab support worker’s invoices through January 31, 2019

From December 19, 2018, and January 2, 2019, lawyers for both sides discussed how the funds would be allocated and about the settlement disclosure notice. Intact sent the applicable documents for Riggs to sign on January 8; however, Riggs passed away.

Is the Settlement Binding?

As the estate trustee, Riggs’ wife signed the settlement forms and sent them back to Intact. However, Intact declined to pay the settlement on the basis that Mr. Riggs’ personal signature as was not on the settlement documents.

Justice Reid sided with Mrs. Riggs and that the settlement terms were previously agreed upon and both parties intended to move forward with the legally binding settlement. He went on to point out that if Mr. Riggs’ imminent death had been considered at the mediation, his life expectancy would have been accounted for when the settlement was crafted.

Intact’s delay of the documents was also brought into question. He likened the case to that of minors or other victims that are incapacitated and cannot sign for themselves; an executor signs for them just as in the case of Mr. Riggs.

Do You Need Help from an Experienced Mississauga Lawyer?

If you have been hurt in an accident, it’s in your best interest to obtain legal representation as soon as possible. Whether your legal issue is based on car accident injuries, breach of contract, or something else, the experienced Mississauga lawyers at Nanda & Associates are here to help you. We assist clients with typical and unusual cases.

Connect with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

Recent Express Entry Draw

Recently New Express Entry Draw Produces Thousands of Invitations to Apply for Permanent Residency in Canada

Over 3,500 invitations were issued by the Government of Canada to Express Entry Candidates to apply for Canadian permanent residence.

Federal Skilled Worker Class, Federal Skilled Trades Class and Canadian Experience Class are the different pools that the Express Entry system manages. Based on the CRS (Comprehensive Ranking System), candidates are ranked on their scores that considers factors such as age, education, skilled work experience, and proficiency in English or French. Additional CRS points are awarded if a candidate has a job offer, however, it’s not mandatory in order to be qualified for an Express Entry Invitation to apply.

A select number of high-scoring candidates are invited to apply for Canadian permanent residence through regular draws from the pool. Typically, these invitation rounds take place every two weeks and the large majority involves applicants from all three Express Entry-managed classifications.

The process takes six months, which is the standard duration, for permanent residence applications filed through the Express Entry system.

As of February 5, 2020, the invitation round brings the total number of ITAs (Invitation to Apply) issued this year to 10,300. The 2020 target for new permanent resident admissions through the federal high-skilled program is slated to increase to 85,800 and 88,800 in 2021.

Another significant factor that gets candidates those extra score points towards their CRS are those that obtain a provincial nomination. Nine Canadian provinces and two territories have what are known as ‘enhanced’ PNP (Provincial Nominee Program) streams that are associated with the Express Entry system.

So, who would be considered a qualified candidate to get the fortunate invitation? The following is a hypothetical example of a candidate who would have had a high-ranking CRS score to receive an ITA in this draw:

Ali is 30 years old with a master’s degree in engineering and has been working as a management consultant for five years. He wrote the IELTS and scored a 7.5 in listening, an 8 in speaking, 7.5 in reading, and 7 in writing. Ali has never studied or worked in Canada, however, his CRS score of 472 would have been high enough to attain an ITA during the Express Entry draw that took place on February 5.

For more guidance regarding your immigration and associated needs, contact Nanda & Associate Immigration lawyers to help navigate you through the complex immigration landscape.

Canadian Immigration Policy Lags Behind in the 4th Industrial Revolution

Just like other 1st world countries, the Canadian economy is changing. Highly specialized careers are evolving from the ever-changing marketplace impacted by technology and innovation. The last decade has brought with it advances in artificial intelligence (AI), robotics, and other technologies. New occupations are being created, and old ones are shifting, so much so that the talent available in Canada is not enough to keep up with the needs of the economy.

Global Talent Stream

Many of these technologies come as no surprise, but they are happening much quicker than was previously predicted. The Information and Communications Technology Council reports that the Science, Technology, Engineering, and Mathematics (STEM) sector in Canada will need to fill approximately 216,000 technology-related positions by 2021.

Canada’s Global Skills Strategy

Canada has long recognized the problems that come with talent shortages in specific sectors of business. They create the Global Skills Strategy to help solve these issues, allowing Canadian companies to use a system known as the Global Talent Stream (GTS) to access foreign workers who are trained in specific jobs. With the GTS, there are two sections that employers can utilize to bring workers into the country:

  • Category A: Employers need to demonstrate that a requested position requires a highly unique and specialized talent not available to them in Canada. This category is only available to companies that have been referred to by one of the GTS Designated Partners.
  • Category B: Employers are allowed to hire skilled foreign workers on the Global Talent Occupations List. This list includes traditional STEM roles that are in-demand and are not sufficient within the domestic labour supply.

Limitations of the GTS

Global technology companies benefit immensely from doing business in Canada, thanks to the GTS and other immigration programs. However, it is time for the government to accept and act on the fact that these systems were crafted to fill traditional job roles within tech companies, not for the evolving skills shortage present today. GTS categories do not accurately represent those changes, making it difficult to accommodate emerging and future occupations that are necessary to keep the economy growing.

Companies must use the NOC system, a standardized system used to describe and categorize work done in the Canadian labour market. For occupations that did not exist at the time NOC codes were created, the system is highly problematic. For example, there is not a NOC code that addresses the two different skill sets required by a self-driving car mechanic.

Should There be a Category C?

One proposed solution to this labour and immigration problem is to add a Category C to the GTS. This category could mandate that employers give detailed explanations of the future occupational role and provide a summary of their valuable skills. A Category C would be similar to Category A in that employers would need to be referred to a Designated Partner.

No matter how the problem is solved, it is becoming unmistakably clear that the Canadian government is going to have to address how its immigration system will rise up to meet the challenges of the 4th industrial revolution.

Immigration Assistance from a Mississauga Immigration Lawyer

Whether you are already part of Canada’s foreign talent pool or want to become a part of it under the GTS, you could benefit from the services of a knowledgeable Mississauga immigration lawyer.

Connect with Mr. Vasim Shaikh (Regulated Canadian Immigration Consultant, RCIC and a Member of ICCRC) or one of our other experienced lawyers by calling (647)-951-6200 or use our online contact form. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

How to Sponsor a Spouse, Common-Law or Conjugal Partner in Canada

Spouse Sponsorship

The residency and citizenship of people that are close to you are very important. If you want to sponsor a spouse, common-law, or conjugal partner, it is best to hire a well-versed immigration lawyer in Mississauga to help you both in every step of what can sometimes be a confusing process. Understanding how the law defines your relationship and what the requirements are to sponsorship is the first step to success.

Defining Common-Law Partner and Conjugal Partner

If you have questions about how your significant other may fit the definition of a common-law partner or conjugal partner, it is best to speak with an immigration lawyer in Mississauga. Generally, Canadian law defines a common-law partner as someone who:

  • Is of the same or opposite sex
  • Has lived with you for at least one year
  • Has a conjugal relationship with you

On the other hand, Immigration and Refugee Protection Regulation, R2 defines a conjugal partner as a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. Although the word “conjugal” is not defined in legislation, there are number of factors that are used to determine whether a couple is in conjugal relationship. Our experience immigration lawyers can assist you in determine whether your unique situation matches the requirements of a conjugal relationship.

Canadian Requirements to Sponsor a Spouse, Common-law or Conjugal Partner

Only under certain conditions can you sponsor individuals in Canada. An experienced Mississauga immigration lawyer can help explain these conditions in depth so that you know what your eligibility is. You might be eligible to sponsor a spouse, common-law or conjugal partner or dependent children who live outside of Canada if one of the following conditions applies:

  • The person who you desire to sponsor is a member of the family class
  • You are over the age of 18
  • You are a Canadian citizen or permanent resident
  • You currently live in Canada

If you are not currently living in Canada, but a citizen, you might be able to sponsor a spouse, common-law or conjugal partner or dependent children (who have no dependent children of their own) if you can demonstrate that you will live in Canada when the person you are sponsoring becomes a resident.

You must sign an agreement promising to provide for the welfare and necessary requirements of the individual you are sponsoring. The agreement will also cover any dependent children they may have. In addition, you and the person you are sponsoring will have to sign an agreement that confirms that each of you understands your joint duties and responsibilities.
If you entered Canada on or after March 2, 2012, as a sponsored spouse or partner, you cannot sponsor a new spouse or partner until five years elapses from the date you arrived in the country.

Help with Sponsorship from a Knowledgeable Mississauga Immigration Lawyer

You likely have crucial and maybe even time-sensitive reasons for wanting to sponsor someone close to you. We understand your needs and the stress that comes with this process. Our goal is not only to help you succeed in your sponsorship but to also make this time less challenging. Schedule your sponsorship consultation today.

Connect with our immigration lawyers by calling (905)-405-0199 or Email us: info@nanda.ca. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.