Avion Law — Licensed Lawyer of the Law Society of Ontario · Serving Etobicoke, Toronto & the GTA
I. Practice Area

Real Estate
Closings.

Flat-fee residential purchases, sales, and refinances across Etobicoke, Toronto, and the Greater Toronto Area — with the precision these transactions demand and the transparent pricing our clients deserve.

§ Overview

A real estate closing is the translation of a negotiated bargain into legal title.

Whether you are buying your first home, moving a commercial property, or refinancing to draw on built-up equity, the closing is the moment at which intention becomes ownership. It requires a lawyer who understands that what passes across the Teraview registration system on closing day is, in substance, the protection of your single largest asset.

Avion Law acts on residential and commercial transactions throughout Ontario. Our approach is built on three commitments: transparent flat-fee pricing disclosed before the retainer is signed, attention to the requisitions that matter, and clear communication at every stage between the signed agreement and the release of keys.

What we do

01

Review of the Agreement

A careful read of the Agreement of Purchase and Sale, identification of conditions, and advice on whether the document you signed reflects the bargain you believe you struck.

02

Title Search & Requisitions

A full search of title under the Ontario land titles system, review of encumbrances, and formal requisitions on the vendor's solicitor where the title must be cleared before closing.

03

Mortgage Review

Careful review of the lender's commitment, preparation of the charge and ancillary documents, and independent legal advice where a guarantor or spouse is signing.

04

Statement of Adjustments

Preparation and verification of the statement of adjustments — the pro-ration of taxes, utilities, condominium fees, and deposits that determines the final balance due on closing.

05

Title Insurance

Coordination of title insurance through a recognized Canadian title insurer, protecting against defects not disclosed by search and post-closing discoveries.

06

Electronic Registration

Registration of the transfer or charge through the Teraview system, release of trust funds on closing, and delivery of your ownership documents.

07

Independent Legal Advice

Independent legal advice for spouses, guarantors, or co-signers who are required to sign mortgage documents, private loan documents, or title transfers but are not the principal borrower — ensuring informed consent free from undue influence.

The authority that governs your closing

A residential real estate transaction in Ontario sits at the intersection of several statutes, each of which imposes obligations that a careful lawyer must meet on your behalf. Title passes under the Land Titles Act; registration is effected under the Land Registration Reform Act; and tax consequences flow from both provincial and — in Toronto — municipal land transfer tax regimes.

"A person registered as the owner of land… holds such land… subject to such encumbrances, liens and interests as are notified on the register." Land Titles Act, R.S.O. 1990, c. L.5, s. 44(1)

That single provision is why a proper search of title, and proper requisitions on what the search reveals, is the foundation of every honest closing. Where title is clear and insurable, closing proceeds without incident. Where it is not — where an old execution clouds the register, where a discharge of a paid-off mortgage was never registered, where a spouse's interest was not properly released — the requisition process corrects these defects before you take title, not after.

The Municipal Land Transfer Tax, for Toronto buyers

Purchasers of property located within the City of Toronto pay two layers of land transfer tax: the Ontario Land Transfer Tax under provincial legislation, and the Municipal Land Transfer Tax collected by the City under the authority of the City of Toronto Act, 2006. First-time purchasers may qualify for rebates on both levels. We calculate both accurately in the statement of adjustments and verify that any available rebate is claimed in registration.

Independent legal advice

When a person is asked to sign a mortgage, a guarantee, or a title document in a transaction where they are not the principal borrower or purchaser — most commonly a spouse being asked to consent to a charge on the matrimonial home, or a family member being asked to guarantee a private loan — the lender or the other side's counsel will frequently require that person to obtain independent legal advice before signing. The requirement exists to protect against claims of undue influence and to ensure that consent to the transaction is informed.

The leading authority on independent legal advice is the Supreme Court's decision in Royal Bank of Scotland v. Etridge (No 2), adopted into Canadian law through subsequent jurisprudence, which describes the role of the independent lawyer as ensuring that the person signing understands the nature and effect of the transaction, the financial consequences if things go wrong, and the fact that they are free to decline. Avion Law provides independent legal advice in real estate transactions on this footing — a short, focused engagement that produces the required ILA certificate and, more importantly, ensures the client understands what they are signing before they sign it.

A note on non-resident purchasers

The Non-Resident Speculation Tax applies to the purchase of residential property in Ontario by foreign nationals, foreign corporations, and taxable trustees. The tax is currently twenty-five percent of the value of the consideration for the residential property. If you are a non-resident purchaser, the transaction carries additional filing obligations and significant financial consequences that must be addressed before closing. We advise on these obligations in the course of our engagement and identify available rebates where applicable.

Governing Authority

Ontario Real Estate — Principal Statutes

  • Land Titles Act, R.S.O. 1990, c. L.5
  • Land Transfer Tax Act, R.S.O. 1990, c. L.6
  • Land Registration Reform Act, R.S.O. 1990, c. L.4
  • City of Toronto Act, 2006, S.O. 2006, c. 11, Sch. A (Municipal Land Transfer Tax)
  • Condominium Act, 1998, S.O. 1998, c. 19
  • Mortgages Act, R.S.O. 1990, c. M.40
  • Planning Act, R.S.O. 1990, c. P.13 (subdivision control)
  • Registry Act, R.S.O. 1990, c. R.20

Ready to review the specifics of your closing?