Areas of Practice

Jurisdictions Covered

Siksay & Fraser serves clients in Durham Region and the surrounding area, including Peterborough, the City of Kawartha Lakes, Northumberland County, and Toronto and we generally restrict our real estate operations to the Land Registry Offices serving these locations - Durham (in Whitby), Northumberland (in Cobourg), Peterborough (in Peterborough), the City of Kawartha Lakes (in Lindsay) and Toronto. Frequently we are asked to act for clients who are purchasing property outside of these jurisdictions but within Ontario and we are pleased to offer such services on a case-by-case basis.

Residential Real Estate Services

We are pleased to offer experienced representation in the following types of residential real estate transactions:

Purchases of New Homes from Builders
Purchases of Re-sale Single-Family Homes
Sales of Homes
Purchases of Vacant Residential Land
Sales of Vacant Residential Land
Purchases of Multi-Residential Properties
Sales of Multi-Residential Properties
Purchases of Residential Condominiums
Purchases of Cottage and Leisure Properties
Sales of Cottages and Leisure Properties
Sales of Residential Condominiums
Mortgage Refinancing

To review our current fee and disbursement structure for residential real estate transactions, please follow this link: Residential Real Estate Services Fees and Disbursements.

Commercial Real Estate Services

We are pleased to offer experienced representation in the following types of commercial real estate transactions:

Purchases of Commercial / Industrial Properties
Sales of Commercial / Industrial Properties
Purchases of Vacant Commercial / Industrial Land
Sales of Vacant Commercial / Industrial Land
Purchases of Multi-Residential Properties
Sales of Multi-Residential Properties
Purchases of Commercial / Industrial Condominiums
Sales of Commercial / Industrial Condominiums
Mortgage Refinancing for Commercial and Industrial Properties

For a quotation for fees and disbursements in a commercial transaction, please contact us.

Life Changes

Changes in your family and life circumstances may necessitate changes in the way that real property is held that do not fall within the traditional "purchase and sale transaction".

We are pleased to offer experienced representation in many types of "life change" real estate transactions, including the following:

Property transfers between spouses on marriage, separation or divorce
Property transfers between spouses or other family members for "estate planning purposes"
"Asset Protection" transfers between married persons;
Survivorship Applications on the death of a joint tenant
Estate conveyancing of real property on the death of an owner
Change of name applications related to real property holdings
Existing Property Title Insurance ("Post-Purchase Title Insurance")

For a quotation for fees and disbursements in these types of transactions, please contact us.

Post-Purchase Title Insurance

The vast majority of our real estate clients now purchase title insurance at the time of their purchase. But what if you have owned your property for some time and did not purchase title insurance when you purchased and now wish to obtain the fraud protection coverage contained in a title insurance policy? Title insurers now offer a title insurance package for owners who already own their properties - and we are pleased to offer our services in arranging for the requisite searches and issuance of a policy of insurance.

For a quotation for fees and disbursements in these types of "post-purchase title insurance" transactions, please contact us.

Wills and Powers of Attorney

If you do not have a will and powers of attorney, you probably should - if you do have a will and powers of attorney, you should review them periodically to make sure they still reflect your wishes.

We are pleased to offer experienced representation in the preparation of wills and powers of attorney, in limited circumstances and as an adjunct to our real estate practice.

Wills and powers of attorney can be simple, moderately complex, or very complex. For many moderately complex and most very complex wills and powers of attorney, we will refer our clients to local lawyers who specialize in preparing documents of such complexity.

The preparation of wills and powers of attorney is usually a three step process. The first step is an initial interview with your lawyer in which information is collected, options are discussed, and instructions provided. After clients provide any additional requested information, the second step involves the preparation and mailing of draft documents to the client for review and comment. Once the client has reviewed the draft and provided instructions for changes, the third step involves a meeting between the clients and lawyer to review and execute the final draft of the documents.

To review our current fee and disbursement structure for wills and powers of attorney, please follow this link: Wills and Powers of Attorney Fees and Disbursements

Independent Legal Advice

Sometimes, a mortgage lender or a lender for security may require one of the parties to a transaction to obtain legal advice independent of the advice given to the other party, usually because the parties' interests are not identical. This type of independent legal advice ("ILA") may also be required in other circumstances - for example in the sale of a property held jointly by spouses who are separating or where the proceeds are being distributed in proportions inconsistent with the registered interests of the parties.

We are pleased to offer experienced representation in the provision of independent legal advice related to real estate law, corporate guarantees to banks, and in certain other limited circumstances.

To review our current fee and disbursement structure for independent legal advice, please follow this link: Independent Legal Advice Fees

Notary Public and Commissioning Services

The lawyers at Siksay & Fraser are also Notaries Public and Commissioners. We offer free notarizing and commissioning services to our returning clients (once per calendar year in circumstances where the client has fully prepared the required documentation and at a reasonable fee if we must become involved in the preparation of documentation), and, to clients new to the firm, at a fee of $25.00* (plus GST) per document (in circumstances where the client has fully prepared the required documentation, and at a reasonable further fee if we must become involved in the preparation of documentation). This service is available by appointment only. (* Fees accurate as of date of initial publication and subject to change without notice)

Limited Incorporation Services

We are pleased to offer services in the incorporation of simple Ontario business corporations where the incorporation is required in the context of a real estate transaction.

For a quotation for fees and disbursements for our limited services in the incorporation of Ontario business corporations, please contact us.