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Ontario questions, explained.

Plain-language questions and answers about Ontario law.

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Real EstateUpdated October 2026

How does the power of sale process work in Ontario from notice to closing?

If your mortgage has its own power of sale, the sale cannot be made until 35 days after notice; a mortgage without one needs 45 days' notice.

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FamilyUpdated October 2026

How Is Property Divided in an Ontario Divorce Under the Family Law Act?

The spouse with the smaller net family property is entitled to half the difference between the two, with some property excluded.

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FamilyUpdated October 2026

How Long Do You Have to Be Separated Before Property Rights Are Affected in Ontario?

In general, a court claim for an equalization payment must start within six years of separation or two years after divorce, whichever is first.

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FamilyUpdated October 2026

How Long Does a Family Court Case Take in Ontario?

Ontario family cases have no single timeline, but the rules set fixed steps and deadlines. See what shapes the timing and what can speed it up or…

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FamilyUpdated October 2026

How Long Does a Family Law Case Take in Ontario Courts?

No set timeline exists for most steps of an Ontario family case, but the order of steps and early deadlines are clear, and several factors affect…

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FamilyUpdated October 2026

How Long Does an Ontario Divorce Take From Filing to Certificate?

There is no fixed timeline, but the law sets a 30 or 60-day answer period, and a divorce takes effect on the 31st day after judgment.

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Real EstateUpdated October 2026

How Long Does the Landlord and Tenant Board Take to Schedule a Hearing in Ontario?

Published LTB timelines say L1 and L9 applications are scheduled in about 3 months and most others in 5 to 7 months, with orders within 30 days of…

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Wills & EstatesUpdated October 2026

How Long Should an Executor Wait Before Paying Out an Estate in Ontario?

There is no single waiting period for every estate: an intestacy has a one-year bar, and spousal and support claims can affect timing.

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Wills & EstatesUpdated October 2026

How much can an executor charge in fees in Ontario?

Ontario law lets an executor take a fair and reasonable allowance for care, pains, trouble and time, set by a judge if needed, not a fixed percentage.

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FamilyUpdated October 2026

How Much Does Equalization Change If We Have a Marriage Contract in Ontario?

A marriage contract can exclude property from equalization in Ontario, but it cannot limit your rights in the matrimonial home.

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Real EstateUpdated October 2026

How much does it cost to sell a house in Ontario, and what comes out of your proceeds?

Selling in Ontario involves legal fees, commission plus 13% HST, a possible mortgage penalty and other costs, so net proceeds depend on your…

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Real EstateUpdated October 2026

How Much Does Title Insurance Cost in Ontario and What Does It Cover?

Title insurance is optional in Ontario and paid as a one-time premium; it may cover title defects and fraud but excludes defects you knew about.

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Wills & EstatesUpdated October 2026

How much is Ontario estate administration tax on an estate worth $500,000?

Ontario estate administration tax on a $500,000 estate is $6,750: nothing on the first $50,000, then $15 per $1,000 above that, or 1.5%.

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FamilyUpdated October 2026

How Much Spousal Support Will I Pay or Receive Based on Income in Ontario?

Spousal support guidelines estimate amount and length from the income gap and years together, but they are advisory and a judge can go outside them.

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Wills & EstatesUpdated October 2026

I live in Ontario and am a beneficiary of a US estate: how is my inheritance taxed and paid?

Most inheritances are not reported as income in Canada, but an Ontario resident with foreign property over $100,000 may have to file Form T1135.

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Wills & EstatesUpdated October 2026

Is an Estate Responsible for Income Tax After Death in Ontario?

An executor must file the deceased's final T1 return and generally needs a CRA clearance certificate before distributing property.

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Real EstateUpdated October 2026

Is condo insurance mandatory in Ontario and what must my policy cover?

The Condominium Act does not require owners to carry insurance, but your governing documents may, and the corporation's policy leaves gaps.

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FamilyUpdated October 2026

Is Custody Still a Legal Term in Ontario After Separation?

Under the Divorce Act, custody is no longer used: decision-making responsibility replaced custody and parenting time replaced access since March 2021.

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Real EstateUpdated October 2026

Is It Legal to Avoid Land Transfer Tax in Ontario?

Using a real exemption is legal, but understating the price is an offence with fines and possible jail, and the Act also has an anti-avoidance rule.

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Business SaleUpdated October 2026

Should I sell the shares or the assets of my Ontario business?

A share sale may let you use the lifetime capital gains exemption, while an asset sale is taxed in the corporation; here is how the two differ in…

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Wills & EstatesUpdated October 2026

What are estate accounts and what must they include in Ontario?

Estate accounts record what came in, what went out and what is left; accounts filed with the court follow a set list under the Rules of Civil…

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Business SaleUpdated October 2026

What are the steps to buy a business in Ontario from start to finish?

The usual order is offer or letter of intent, due diligence, purchase agreement and closing, with legal checks on tax, WSIB, the lease and employees.

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Wills & EstatesUpdated October 2026

What Can an Estate Trustee Do Before Getting Court Approval in an Intestate Estate in Ontario?

Before a court appoints an estate trustee on an Ontario intestacy, a relative has no legal authority over the estate, so act carefully and get advice.

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Real EstateUpdated October 2026

What closing costs do sellers pay in Ontario when selling a home?

Sellers in Ontario usually pay legal fees, a mortgage discharge fee and often realtor commission, plus other costs that depend on your sale.

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FamilyUpdated October 2026

What Counts as an Urgent Motion in Ontario Family Court?

Generally no motion is heard before a case conference, but the rule does not apply in urgency or hardship, and some motions can be made without…

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FamilyUpdated October 2026

What Counts as the Matrimonial Home in Ontario?

A matrimonial home is property you and your spouse ordinarily lived in as a family residence, and an Ontario couple can have more than one.

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Real EstateUpdated October 2026

What do my monthly condo fees actually cover in Ontario?

Condo fees pay for common element upkeep, cleaning, building maintenance, management and reserve fund contributions, split by your unit's percentage.

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Wills & EstatesUpdated October 2026

What documents do I need to apply for probate in Ontario?

You need the original will and codicils, proof of death, Form 74A and other court forms, plus documents that support the value of each asset.

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Real EstateUpdated October 2026

What Does a Real Estate Lawyer Do in an Ontario Home Purchase or Sale?

A real estate lawyer reviews your agreement, searches title, prepares documents and registers the transfer, and transfers generally need two lawyers.

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Business SaleUpdated October 2026

What does a share purchase agreement in Ontario need to include?

A share purchase agreement usually covers price, closing conditions, warranties and covenants, but most protections are set by contract and tax rules.

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FamilyUpdated October 2026

What Does the Family Law Act Say About Property Division for Married Spouses in Ontario?

In Ontario, the married spouse with the larger net family property pays the other half the difference as an equalization payment, after exclusions.

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Wills & EstatesUpdated October 2026

What extra steps does a non-resident executor face with an Ontario estate?

A non-resident executor may need to give security, handle Ontario filings and tax clearance, and think about where the estate is managed for tax…

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FamilyUpdated October 2026

What Financial Disclosure Do We Need for a Prenup in Ontario?

A court can set aside a prenup in Ontario if a party failed to disclose significant assets or significant debts existing when it was made.

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Wills & EstatesUpdated October 2026

What Happens if an Executor Dies or Is Incapable in Ontario?

If an executor dies or is incapable, a replacement can be appointed by a court certificate, with the Public Guardian and Trustee as a last resort.

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Wills & EstatesUpdated October 2026

What happens if I don't get probate when it is required in Ontario?

Skipping required probate in Ontario can leave land and accounts stuck and make a representative personally liable for tax debts if they distribute…

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FamilyUpdated October 2026

What Happens If My Ex Breaks the Separation Agreement in Ontario?

If your ex breaks a separation agreement in Ontario, you can register support with the Family Responsibility Office or ask a court to enforce it.

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Real EstateUpdated October 2026

What Happens If the Seller Refuses to Close an Ontario Real Estate Deal?

If a seller refuses to close in Ontario, a buyer may seek specific performance or damages and register a certificate of pending litigation on title.

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Wills & EstatesUpdated October 2026

What happens if there are two executors who disagree in Ontario?

Co-executors who disagree can ask the court for opinion, advice or direction without starting an action, or seek removal of an executor if needed.

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Real EstateUpdated October 2026

What Happens If You Understate the Purchase Price to Pay Less Land Transfer Tax in Ontario?

Understating the price is an offence in Ontario, with a fine of at least the greater of $1,000 or 50% of the tax owed, plus possible penalties.

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FamilyUpdated October 2026

What Happens If Your Spouse Does Not Respond to a Family Court Application in Ontario?

If your spouse does not answer your application, the Ontario family court case can still go ahead without them, often on affidavit evidence.

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Wills & EstatesUpdated October 2026

What happens in Ontario if someone dies with no will and no relatives?

In Ontario, an estate with no will and no heirs goes to the Crown, but the law searches wide through relatives first, and later claims are possible.

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Wills & EstatesUpdated October 2026

What Happens to a Joint Tenancy When the Last Surviving Owner Dies in Ontario?

When the last joint owner dies, no one is left to take by survivorship, so the property goes to that person's estate and an estate trustee deals with…

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Wills & EstatesUpdated October 2026

What Happens to a Trust When the Trustee Dies in Ontario?

If a trust's only trustee dies, their personal representatives can act for now, and a replacement is appointed in writing or by the court.

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FamilyUpdated October 2026

What Happens to Child Support If the Paying Parent Dies in Ontario?

In Ontario, a Family Law Act support order binds the payor's estate unless it says otherwise, and a child may also claim support from the estate.

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Wills & EstatesUpdated October 2026

What happens to life insurance if no beneficiary is named in Ontario?

If no beneficiary is named or none is living, the insurance money is paid to the estate in Ontario, where it can face estate debts and probate tax.

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Real EstateUpdated October 2026

What happens to me and the money if my home is sold under power of sale in Ontario?

If your home is sold under power of sale, proceeds follow a set order, but that order does not apply to a mortgage with its own power of sale.

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FamilyUpdated October 2026

What Happens to Our Pension and RRSPs When We Separate in Ontario?

An Ontario pension counts as property in net family property, and an RRSP can move tax-free between separated spouses under an order or agreement.

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Real EstateUpdated October 2026

What Happens to the Buyer's Deposit If the Sale of My House Falls Through in Ontario?

The brokerage normally holds the deposit and, if you and the buyer disagree, pays it out only on a signed release from both sides or a court order.

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FamilyUpdated October 2026

What Happens to the Matrimonial Home When a Couple Separates in Ontario?

A married spouse can ask an Ontario court for exclusive possession of the matrimonial home even if it is in the other's name; unmarried partners…

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Wills & EstatesUpdated October 2026

What If a Parent Added a Child to the House Title Before Dying in Ontario?

An adult child added to a parent's title is presumed to hold the house on resulting trust for the estate, unless a gift is proved.

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FamilyUpdated October 2026

What Income Counts for Child Support in Ontario: Bonuses, Overtime and Dividends?

Child support income starts from Total income on your tax return, adjusted for dividends and capital gains; a court may look at three years for…

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Wills & EstatesUpdated October 2026

What Is a Bare Trust and Do I Need to Report It in Ontario?

A bare trust is where someone holds property as agent for the real owner; reporting depends on the year and exceptions such as joint accounts.

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Wills & EstatesUpdated October 2026

What is a bond for an estate trustee in Ontario and when is one required?

An Ontario court requires a bond when there is no will, the applicant is not named in the will, or lives outside Canada and the Commonwealth.

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Wills & EstatesUpdated October 2026

What Is a Certificate of Pending Litigation on Estate Property in Ontario?

A certificate of pending litigation is a registered notice on land that warns buyers of a claim, and the court can discharge it on set grounds.

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FamilyUpdated October 2026

What Is a Common-Law Spouse Entitled to When the Relationship Ends in Ontario?

A common-law spouse in Ontario may claim support and child support, but has no automatic property equalization or home possession rights.

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Real EstateUpdated October 2026

What is a condo reserve fund and how do I know if my condo's fund is healthy in Ontario?

A condo reserve fund is an account kept only for major repairs and replacements; read the reserve fund study and funding plan to judge if it is…

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Real EstateUpdated October 2026

What Is a First Home Savings Account (FHSA) and How Does It Work for Buying a Home in Ontario?

An FHSA is a savings account for first-time buyers, and a qualifying withdrawal for a home is tax-free when you meet the eligibility and withdrawal…

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FamilyUpdated October 2026

What Is a Home Study for Adoption in Ontario and How Do I Pass It?

An Ontario adoption home study is a mandatory SAFE assessment with four to six interviews over about four to six months, plus PRIDE training.

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FamilyUpdated October 2026

What Is a Parenting Affidavit (Form 35.1) in Ontario Family Court?

Form 35.1 is a sworn parenting affidavit you file with an application, answer or motion to change that includes claims about children in Ontario.

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Real EstateUpdated October 2026

What is a real estate closing in Ontario and how does it work?

An Ontario closing is when the transfer is registered electronically and land transfer tax is paid; the steps leading up to it depend on your…

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Real EstateUpdated October 2026

What Is a Real Estate Joint Venture in Ontario and How Is It Structured?

A real estate joint venture in Ontario is people pooling money to buy or develop property, often as co-ownership, a partnership or a corporation.

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Real EstateUpdated October 2026

What Is a Real Estate Lawyer's Trust Account Used For During a Closing in Ontario?

A lawyer's trust account holds your closing money separately until the deal closes; the Compensation Fund is a last resort and wire fraud is the risk.

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Wills & EstatesUpdated October 2026

What is an executor checklist for settling an estate in Ontario?

An executor's job runs from finding the will to paying debts and taxes and distributing what remains, with returns and clearance in between.

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Wills & EstatesUpdated October 2026

What is an irrevocable beneficiary on a life insurance policy in Ontario, and can it be changed?

An irrevocable beneficiary cannot be changed by the insured without that beneficiary's consent while they are living, under Ontario's Insurance Act.

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FamilyUpdated October 2026

What Is Collaborative Family Law and How Is It Different From Mediation in Ontario?

Collaborative family law uses separate lawyers and a promise not to go to court; mediation uses a neutral mediator. Here is how they differ in…

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FamilyUpdated October 2026

What Is Equalization and How Does It Work in Ontario?

Equalization is a money payment from the spouse with the higher net family property to the other, equal to half the difference, not a split of each…

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Real EstateUpdated October 2026

What is the average condo fee in Ontario and why does it vary so much?

No official source gives an average Ontario condo fee; what you pay depends on your unit's share, size, amenities, building age and reserve fund…

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Wills & EstatesUpdated October 2026

What Is the Deadline to File a Final Tax Return After Someone Dies in Ontario?

The final return is due April 30 of the next year for deaths from January 1 to October 31, or 6 months after the death for November and December…

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FamilyUpdated October 2026

What Is the Difference Between a Parenting Order and a Parenting Agreement in Ontario?

A parenting order is a court order you can enforce, while an informal plan can be hard to enforce; putting a plan in an agreement or order helps.

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Wills & EstatesUpdated October 2026

What is the difference between a primary and a contingent beneficiary in Ontario?

A primary beneficiary is paid first; a contingent beneficiary is named to take the share if the primary beneficiary dies first, in Ontario.

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Real EstateUpdated October 2026

What Is the Difference Between an Opened and Unopened Shore Road Allowance in Ontario?

A shore road allowance made by Crown surveyors in a municipality is a highway owned by the municipality, opened or not, unless it has been closed.

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Wills & EstatesUpdated October 2026

What Is the Difference Between Joint Tenants and Tenants in Common on an Ontario House After Death?

Joint tenants pass a share to the survivor by right of survivorship, while a tenant in common's share goes through the estate, with exceptions.

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FamilyUpdated October 2026

What Is the Financial Statement Required in an Ontario Divorce?

You must file Form 13 for a support claim or Form 13.1 for any property claim, with exceptions such as table child support only.

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Real EstateUpdated October 2026

What is title insurance and is it required at closing in Ontario?

Title insurance is not required by law in Ontario; a standard owner's policy covers hidden title defects and fraud, but has exclusions.

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FamilyUpdated October 2026

What Proof Do You Need to Show You Are a Child's Relative or Family Friend for CAS in Ontario?

Ontario's child protection law defines relatives and community members, but which documents the society wants as proof depends on your situation.

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FamilyUpdated October 2026

What Should a Cohabitation Agreement Cover in Ontario?

A cohabitation agreement in Ontario can cover property, support, and what happens on separation or death, but not parenting time or decision-making.

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FamilyUpdated October 2026

What Should I Do With Joint Social Media, Email and Phone Plans After Separating in Ontario?

Getting into an ex's email or social media without right can be a Criminal Code offence, so secure your own accounts and keep evidence instead.

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FamilyUpdated October 2026

Who Gets the Car, Furniture and Bank Accounts When You Separate in Ontario?

Married spouses share the value of property built up in the marriage, not each item, so the car, furniture and accounts are counted by value.

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Wills & EstatesUpdated October 2026

Who gets the estate if someone dies without a will and has no family in Ontario?

The estate goes to the Crown only if no relative of any qualifying degree exists, and a lawful heir found later can still claim it.

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Wills & EstatesUpdated October 2026

Who Is Personally Liable for Unpaid Estate Administration Tax in Ontario?

The estate pays the tax, but a trustee can face personal fines for not filing or misstating; liability after distributing depends on the facts.

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Real EstateUpdated October 2026

Who owns the shoreline road allowance next to my cottage in Ontario?

Inside a municipality, a shore road allowance is under the municipality's jurisdiction unless it was legally stopped up and sold.

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Real EstateUpdated October 2026

Who Pays If a Neighbour's Tree Damages My Fence or Roof in Ontario?

Who pays for tree damage to your fence or roof depends on the cause and your insurance, and a claim generally must start within two years.

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FamilyUpdated October 2026

Who Pays the Equalization Payment if Both Spouses Have Debts in Ontario?

Debts reduce net family property, and a negative result counts as zero, so the other spouse does not take on your shortfall in an equalization.

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Business SaleUpdated October 2026

Will I be responsible for the previous owner's debts if I buy a business in Ontario?

Whether you inherit a seller's debts depends on a share or asset purchase, and on WSIB, tax and creditor searches done before closing.

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More pages and other places:
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