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Statute of Frauds, R.S.O. 1990, c. S.19

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current December 9, 1994 (e-Laws currency date)

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Statute of Frauds

R.S.O. 1990, CHAPTER S.19

Consolidation Period: From December 9, 1994 to the e-Laws currency date.

Last amendment: 1994, c. 27, s. 55.

Writing required to create certain estates or interests

1. (1) Every estate or interest of freehold and every uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments shall be made or created by a writing signed by the parties making or creating the same, or their agents thereunto lawfully authorized in writing, and, if not so made or created, has the force and effect of an estate at will only, and shall not be deemed or taken to have any other or greater force or effect.

Leases to be made by deed

(2) All leases and terms of years of any messuages, lands, tenements or hereditaments are void unless made by deed. R.S.O. 1990, c. S.19, s. 1.

How leases or estates of freehold, etc., to be granted or surrendered

2. Subject to section 9 of the Conveyancing and Law of Property Act, no lease, estate or interest, either of freehold or term of years, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments shall be assigned, granted or surrendered unless it be by deed or note in writing signed by the party so assigning, granting, or surrendering the same, or the party’s agent thereunto lawfully authorized by writing or by act or operation of law. R.S.O. 1990, c. S.19, s. 2.

Except leases not exceeding three years, etc.

3. Sections 1 and 2 do not apply to a lease, or an agreement for a lease, not exceeding the term of three years from the making thereof, the rent upon which, reserved to the landlord during such term, amounts to at least two-thirds of the full improved value of the thing demised. R.S.O. 1990, c. S.19, s. 3.

Writing required for certain contracts

4. No action shall be brought to charge any executor or administrator upon any special promise to answer damages out of the executor’s or administrator’s own estate, or to charge any person upon any special promise to answer for the debt, default or miscarriage of any other person, or to charge any person upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement upon which the action is brought, or some memorandum or note thereof is in writing and signed by the party to be charged therewith or some person thereunto lawfully authorized by the party. R.S.O. 1990, c. S.19, s. 4; 1994, c. 27, s. 55.

Limitation as to validity of certain covenants or conditions

5. A promise, contract or agreement to pay a sum of money by way of liquidated damages or to do or suffer any other act, matter or thing based upon, arising out of, or relating to a promise, contract or agreement dealt with in section 4 is not of any greater validity than the last-mentioned promise, contract or agreement. R.S.O. 1990, c. S.19, s. 5.

Consideration for promise to answer for another need not be in writing

6. No special promise made by a person to answer for the debt, default or miscarriage of another person, being in writing and signed by the party to be charged therewith, or by some other person lawfully authorized by the party, shall be deemed invalid to support an action or other proceeding to charge the person by whom the promise was made by reason only that the consideration for the promise does not appear in writing, or by necessary inference from a written document. R.S.O. 1990, c. S.19, s. 6.

As to ratification of promise made during minority

7. No action shall be maintained to charge a person upon a promise made after full age to pay a debt contracted during minority or upon a ratification after full age of a promise or simple contract made during minority, unless the promise or ratification is made by a writing signed by the party to be charged therewith or by his or her agent duly authorized to make the promise or ratification. R.S.O. 1990, c. S.19, s. 7.

As to representation regarding the character, credit, etc., of a third party

8. No action shall be brought to charge a person upon or by reason of a representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain money, goods or credit thereupon, unless the representation or assurance is made by a writing signed by the party to be charged therewith. R.S.O. 1990, c. S.19, s. 8.

Declarations or creations of trusts of land to be in writing

9. Subject to section 10, all declarations or creations of trusts or confidences of any lands, tenements or hereditaments shall be manifested and proved by a writing signed by the party who is by law enabled to declare such trust, or by his or her last will in writing, or else they are void and of no effect. R.S.O. 1990, c. S.19, s. 9.

Exception of trusts arising, transferred, or extinguished by implication of law

10. Where a conveyance is made of lands or tenements by which a trust or confidence arises or results by implication or construction of law, or is transferred or extinguished by act or operation of law, then and in every such case the trust or confidence is of the like force and effect as it would have been if this Act had not been passed. R.S.O. 1990, c. S.19, s. 10.

Assignments of trusts to be in writing

11. All grants and assignments of a trust or confidence shall be in writing signed by the party granting or assigning the same, or by his or her last will or devise, or else are void and of no effect. R.S.O. 1990, c. S.19, s. 11.

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