Fresh! Experienced! Unique! RPPC is about lending you a helping hand. See your plans through the eyes of a professional starting today. Whether your needs involve a tax appeal or the administration of the estate of a recently deceased loved one, the right solution allows you to feel at peace with yourself, your family and your community.
RPPC advises and counsels with a focus on compassionate, personal and cost-effective solutions with an aim to resolving any disconnects in your legal circumstances.
The firm principal, Richard Patterson, completed his Bachelor of Science at Queen's University and his Bachelor of Education at the University of Toronto before attending Northeastern University in Boston, Massachusetts, for Law School and Business School. His professional experience reaches inside and outside of the law including tax consulting with "Big-Four" multi-national accounting firms and interning with the Department of Justice Tax Litigation Division in Toronto and the Bankruptcy Appellate Courts in Boston.
LIST OF SERVICES
- RESIDENTIAL REAL ESTATE PURCHASES AND SALES
RPPC offers real estate conveyancing services for the purchase or sale of residential real property throughout Ontario, Canada. If your closing date is approaching, you will require the services of a lawyer. Referred to as “Real Estate Solicitors,” lawyers such as Richard Patterson, are licenced by the Law Society of Ontario and insured for real estate practice through the Lawyer’s Professional Indemnity Company – LawPRO®. Your transaction will require title searching which involves queries to the village, town or city tax authorities and sometimes the provincial and federal tax authorities; queries to the Courts for judgments or writ filings naming the individuals holding title to the real property; queries to the building departments or zoning by-law offices; queries to utility companies or mortgagees all of whom may have an interest recorded on the title to the real estate. RPPC provides the full line of residential real estate legal services. All RPPC transactions in real estate result in a solicitor’s report on title and to make sure it meets the needs of lender-clients, the lawyer’s report on title may be integrated with a title insurance policy suitable to all major banks or lenders operating in Canada. At the end of the day, to best meet the needs of residential real estate clients, the firm works closely in communication with the designated real estate agent and brokerage to make sure you are purchasing exactly what you bargained for or to make sure that you get the best price in the marketplace for the real property in consideration. Under all circumstances, the firm values the sanctity of an agreement of purchase and sale and will endeavor to see the transaction all the way through to closing. As the case arises, following closing, the firm stands by its clients to address title insurance claims or enforcement of terms related to the sale of goods or chattels which were a part of the transaction.
- RESIDENTIAL REAL ESTATE MORTGAGES / REFINANCING
In today’s marketplace, owning real estate is the touchstone to accessing financing for other purchases or other life adventures.
To optimize a household’s potential, factors for consideration include:
- the number of family members who reside there
- each resident’s income
- the level of debt from credit cards, car loans or lines of credit
- other creditors of each resident and
- the worth of the property itself
The residential real estate Solicitor’s office may simultaneously act for the homeowner and for the lender or the Solicitor’s office may act for the homeowner alone. The Solicitor will gather all of the information required by the lender and verify the lender’s requirements for fire insurance, and title insurance or a report on title. In most circumstances, the person or persons on title to the property must be identical to the person or persons named,
Residential Real Estate Independent Legal Advice – “I.L.A.” Speaking with a lawyer ensures you understand your obligations and liabilities under the mortgage commitment and under the charge as it appears on title in the land titles office corresponding to the municipality or city in which the property is located. If the borrower is married, it often happens that the lender asks for independent legal advice for the spouse of the borrower. In the past, loans were extended to one spouse without independent legal advice for the second spouse. Today, laws related to divorce and separation make it impractical for a lender to tolerate exposure to a spousal share claim upon the homestead. Similarly, creditors of a small business owner may look to independent legal advice as a tool to enable explicit and knowing consent of a spouse to such a loan.
Independent legal advice is sometimes perceived as an unnecessary expense of borrowing. However, it is important to enable household decision makers to make decisions in the best interests of families. If the need arises, independent legal advice is a useful step in the process to access credit. If the borrower’s stakeholder or spouse feels strongly about bypassing independent legal advice, it may be possible to discuss waiver of I.L.A. with the lender.
In Canada, a resident individual is required to file a personal tax return if that individual has income from whatever source. “Income” is a loaded word not defined by the Income Tax Act and its related legislation, regulations and procedures. With regards to Corporations, a corporation typically files an annual corporate income tax return to report on income. However, a corporation’s tax filing deadline may vary depending upon the fiscal year end. It is entirely appropriate to determine whether a partnership, joint venture, or trust exists before proceeding to file tax returns. Such determinations enable optimal compliance with the Income Tax Act. Notably, optimizing taxes often means paying less than anticipated before meeting with a tax lawyer. RPPC draws upon years of experience with major accounting firms and the Department of Justice’s Tax Litigation Division in Toronto, Canada. Tax returns for individuals, small business owners, sole proprietors, and Canadian controlled corporations alike are prepared in-house. RPPC understands the requirements of filing individual personal income tax returns in special circumstances such as the final return of a deceased person, the estate return and the Province of Ontario Estate Administration Tax Return. Guidance from a lawyer helps to ensure that the job is done right and completed with lawyer-client privilege. It is not uncommon for an individual to file ten years of personal income tax returns. If multiple years of tax returns are outstanding, perhaps it is time to come in from the cold. To begin the process or abate collections efforts of the Canada Revenue Agency, contact RPPC today!
- TAX OBJECTION
There is a taxpayer right to object to the issuance of a notice of assessment or to procedures involved in an audit or review. It is extremely important to attend to such matters in a timely fashion. The right of reply usually involves very short turn around periods and so it is imperative to achieve a successful outcome that there be an immediate documented reply to any correspondence from the Canada Revenue Agency or the Ontario Minister of Finance. RPPC will prepare and file an objection on your behalf and correspond with the Canada Revenue Agency to correct any identified errors, or discrepancies in your tax record
- TAX APPEALS
Every taxpayer has the right to appeal an assessment within 90 days of receiving the Canada Revenue Agency’s Notice of Reassessment following an objection. In a disagreement with the Canada Revenue Agency, RPPC is a law firm licenced to operate in Ontario, Canada, and Richard Patterson is a Barrister & Solicitor able to provide competent representation in the Tax Court of Canada.
- WILLS AND POWERS OF ATTORNEY
If you own property of any kind and want to set out your wishes with respect to how your property should be distributed when you pass on, a will provides the mechanism to do so effectively. It enables the distribution of property upon the death of the testator according to the testator’s instructions. The testator shall designate an executor and trustee and the executor and trustee shall distribute the estate according to the instructions in the will. RPPC can help you build and update your will. If you have concerns about personal care or your property while you are travelling abroad, you can also designate a Power of Attorney to act in your place. RPPC will draft and witness the execution of your documents to your specification and to the specifications of the Courts, the Banks, and the parties to a real estate transaction among others in Ontario.
- ESTATE ADMINISTRATION
When appropriate, an Estate Administration plan implemented with the assistance of a lawyer is essential for the timely distribution of assets to beneficiaries of the estate of a deceased person. RPPC will draft and file an Application for Certificate of Appointment of Estate Trustee with or without a Will up to the Ontario Superior Court. Once received back from the Ontario Superior Court, the Certificate of Appointment provides the Estate Executor and Trustee with the letter-of-the-law power to act to aggregate assets of the estate. The next step in the ordinary course of business is to liquidate the assets to cash or cash equivalent or have substantial holdings of fixed assets or investments appraised. Finally a tax clearance certificate is the ideal followed by the distribution of assets of the estate. Orderly distribution is made firstly to creditors or to satisfy liabilities such as the taxes owed to the Canada Revenue Agency in conjunction with a request for a tax clearance certificate; and finally to the beneficiaries of the estate usually in the form of payouts to the next-of-kin or to designated charities.
- INCORPORATION AND BUSINESS ORGANIZATION
If you are starting a new business, it is good to seek out legal advice. Perhaps you are trying to choose between structuring your arrangements as a sole proprietorship, a partnership, or a corporation. These are the basics. Today there are many acknowledged complex corporate forms and limited liability contexts for working with others. It is important not to lose track of a few simple questions: are you working alone or with others; are partners lending money or are they engaged in the day to day operations of the business; are you extracting value from the operation in a manner that is fair to others invested with you; and are you planning to retire.
RPPC provides a range of business law services including incorporation. Incorporating a business is the process of creating a separate legal entity. RPPC provides you with guidance on business structures and opportunities related to the choice of jurisdiction - federal or provincial incorporation. Pride of ownership may be important and so a name can be consequential. In order to verify a name is unique it is imperative to search the records of government services for pre-existing corporations, business entities, or even trademarks which may have a priority when it comes to utilizing the chosen name. If the business entity’s name is unimportant or is useful for creating anonymity, it may be suitable to simply rely upon a numbered company name. Under all circumstances a similar name search and report is a critical phase of startup. To start your search today, contact RPPC.