Real Estate Part 2 - A lot from the D.O.T.; Remotely Witnessing Documents; Closing Issues |

Real Estate Part 2 - A lot from the D.O.T.; Remotely Witnessing Documents; Closing Issues

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Professionalism (Ethics, etc.): 0.5
35 minutes
Eldon Horner
Michelle LaPierre
Jeffrey Lem
Merredith MacLennan
County of Carleton Law Association (CCLA)
35 minutes
$79.00 plus tax
Includes Handouts

Accreditation Criteria 1.9 (Duty to report lawyer or paraglegal misconduct to Law Society in the context of the misue of Teraview credentials), ByLaw 7.1, section 6(2) (taks and functions that may not be assigned by a class L1 licensee – ie. Use of licencee’s assigned teraview security credentials), Rules of Professional Conduct 6.1 (electronic registration of title documents and signing e-reg documents). Topic will include discussion of current issues with misue of Teraview credentials, fraud and other related issues concerning electronic registration.

Accreditation Criteria 1.15 (required conduct of lawyers or paralegals arising from statute, legislation or other legal authorities), 2.3 (complying with client identification and verification requirements, 3.17 (technology in law or legal services practice).Topic to look at recent trend in using skype or video conferencing technology to meet with clients, verify id and witness and/or commission signatures viewed remotely as meeting the standard of documents being signed in your “presence” verus “before you” versus “physically present. Does this comply with statutory requirements (Commissioner for Taking Affidavits Act, LSO rules for verifying client id….).

Accreditation Criteria 1.4 (duty to act in good faith and avoid sharp practice), 1.8 (trust accounting), Rules of Professional Conduct 3.1 (Competence), 3.2 (Quality of Service – Red Flags in Real Estate Transactions), 7.2 (Responsibility to Lawyers and Others – Courtesy and Good Faith, Undertakings and Trust Conditions). Bylaw 9 Financial Transactions and Records. Topic to look in part at recent trends in the transmission of funds on closing (certified cheques versus direct deposits versus wire transfers) and whether they comply with LSO Bylaws and Rules of Professional Conduct. Topic to also look at recent trends in closing documents and delivery of keys and ultimatums on process being issued by some solicitors. What should we be doing.


Eldon Horner

Michelle LaPierre

Michelle was raised in the small town of Bracebridge in Muskoka, Ontario, and after graduating high school, moved to Toronto to attend York University. Michelle spent the third year of her degree at Uppsala University in Sweden, which gave her an opportunity to experience the rich Scandinavian culture. She spent some time traveling in Russia and experienced the thrill of independent backpacking through Europe. After graduating from York University with her Honours B.A. in history, Michelle moved to Ottawa, completed the Algonquin College Legal Assistant program and began working at Anderson Law Office in 1996. In 2000, Michelle decided to pursue her goal of becoming a lawyer, and after graduating from the University of Ottawa Law School, Michelle completed the Ontario Bar Admission course and her Articles of Clerkship at the Ottawa office of Borden Ladner Gervais and was called to the bar in July 2004. The day after being called to the bar, Michelle took over Anderson Law Office, renamed it LaPierre Law Office and for nearly 15 years, has helped serve the legal needs of the Ottawa community in the areas of real estate, wills, estates planning, estate administration, and corporate law. Michelle has been an active member of the CCLA Real Estate Lawyers Committee for many years and presently has the honour of serving as Chair of the Committee.

Director of Titles Jeffrey Lem

Jeffrey Lem

Jeffrey W. Lem is the Director of Titles for the Province of Ontario. In that capacity, he has responsibility for the Land Titles Act, the Registry Act, the Boundaries Act, the Land Registration Reform Act, as well as portions of other legislation relating to the almost 6.5 million parcels of land in the Province.

Jeffrey also serves the broader legal community as a bencher of the Law Society of Upper Canada, where he was the vice-chair of the Professional Development and Competence Committee, and currently sits on the Proceedings Authorization Committee, the Real Estate Working Group, and the Alternative Business Structures Task Force.

Jeffrey is certified as a Specialist in Real Estate Law by The Law Society of Upper Canada and is the proud recipient of the Ontario Bar Association's Award for Excellence in Real Estate, the Federation of Asian Canadian Lawyer’s Lifetime Achievement Award, and the Toronto Lawyers Association’s Honsberger Award for Dedication to the Profession. He has also received Martindale-Hubbell's highest rating (AV®), and has been recognized in the real estate field in The Canadian Legal LEXPERT Directory, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, The Best Lawyers in Canada, Chambers Global Guide, and The International Who's Who of Real Estate Lawyers.

Jeffrey is currently an editor-in-chief of the Real Property Reports (and, before that, an associate editor of the Digest of Real Property Law). He is also the author of the real estate law and expropriation law volumes of Halsbury's Laws of Canada, the legal editor for Building Magazine, and a real estate law columnist for Law Times and Lawyers Weekly. He was the first Canadian member ever elected to the American College of Mortgage Attorneys, and is a former long-standing member of the Executive Committee of the Real Property Section of the Ontario Bar Association. Jeffrey and has written widely for various journals and magazines, including the Real Property Reports, Municipal World, Building Magazine, Toronto Real Estate News, Digest of Real Property Law and Digest of Municipal and Planning Law. Jeffrey was an instructor in the real property section of the Bar Admission Course for Ontario and the Director of the LL.M. Program for Real Estate Law at Osgoode Hall Law School, and currently lectures on real estate law at the Bora Laskin Law School at Lakehead University. Jeffrey is also a past president of the Association of Chinese Canadian Lawyers of Ontario, and speaks regularly for various continuing legal education organizations.

Jeffrey has a B.Comm, U of T (1984), a J.D., Osgoode Hall (1987), and an LL.M. Osgoode Hall (2002). He was called to the bar in Ontario in 1989 and has been a solicitor on the rolls in England and Wales since 2000. Before joining the Ministry of Government and Consumer Services, Jeffrey practiced real estate law as a partner in Toronto law firms.

Merredith MacLennan

Merredith MacLennan joined Stewart Title as Senior Counsel – Commercial Underwriting in June 2017 and is responsible for underwriting large commercial transactions across the country. Prior to joining Stewart Title, Merredith was a partner at Nelligan O’Brien Payne LLP in Ottawa with an extensive real estate and land development practice where she was routinely retained to resolve complex title matters.

Merredith has lectured on real estate matters at events organized by various organizations, including the Law Society of Ontario, FOLA, the OBA, various local law associations, and Stewart Title.  Merredith is the Real Estate Co-Chair for the Federation of Ontario Law Associations (formerly CDLPA). She is a long-time member of the CCLA Solicitor's Conference Planning Committee and was an active member of the CCLA Real Estate Lawyer’s Committee from 2001-2014 and continues to attend their meetings as an invited guest. She is a member of the Provincial Working Group on Lawyers and Real Estate as well the Law Society’s Real Estate Liaison Group. 

Merredith holds a B.A. from Dalhousie University, an LL.B. from the University of New Brunswick and an LL.M. from Osgoode Hall. She was called to the Bar in 1999.

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