Articles

Below is a collection of articles our firm has written to help inform our community in the areas of:

Real Estate
So… You Bought Your Place in the Sun
What most Canadians don’t know is that if you die and own US real property, you may have a large deemed capital gain tax with respect to that property, as well as a possible US estate tax liability. The combination of the both, in some instances, could take a substantial chunk out of the value of that property.
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Litigation
Are You an Employee?
The ESA provides minimum standards only. Some employees may have rights under the common law or other legislation that give them greater rights relating to notice of termination and severance pay than the ESA. It is essential to contact a legal professional when facing employment law issues.
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Wills & Estates
Fertility and Your Will
As more and more couples resort to fertility clinics in order to achieve parenthood, storage of sperm, ova and embryos is not an uncommon practice as part of that quest. Under the provisions of the Assisted Human Reproduction Act donor consent is required before those kinds of material can be removed from the body or used for any specific purpose.
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Real Estate
Cottage Living, Cottage Problems
Where is that property line with the neighbour? Can they build their deck over what you’re certain is your property? Are the kids fighting and competing for weekends at the cottage? Do you spend your time cleaning up after them the following weekend? How do you decide what to do with the cottage when you’ve passed away?
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Litigation
Everyone’s Jealous of the Unemployed on Monday Morning
Luckily for you, you’re a morning person! As many of us pile into our vehicles and dredge that morning commute, we should take this opportunity to reflect on the various rights afforded to us as employees under the Employment Standards Act.
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Wills & Estates
What is a Power of Attorney?
Estate planning involves careful consideration of your life circumstances and the interplay of the law. Meeting with a cornpetent lawyer who can navigate you though these considerations is paramount.
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Real Estate
Buying a House?
Title Insurance is an added layer of financial protection available to homebuyers for matters that could not have been discovered through legal due diligence. It also protects your investment in the property against fraudulent conveyances by impersonation or forgery.
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Real Estate
What is Caveat Emptor?
The expression "caveat ernptor" is applied when someone is buying something from another person, but it is referred to most frequently in the context of a purchase of an existing dwelling. Most of the case law surrounds what a seller has to disclose to a buyer to relieve themselves of liability.
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Real Estate
Alert! Residential Tenants and Landlords
The provincial government has mandated that it is necessary for most residential landlords (eg. single and semi detached homes, apartments, condo units or basement apartments) to only use the form of the standardized lease agreement as stipulated in the regulations of the Residential Tenancies Act.
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Real Estate
But it Said in the Listing…
So you have picked up the keys at the lawyer’s office, the moving truck is in front of your dream home and your volunteers are ready to put their backs to work and help you transport your furniture from curbside to the assigned rooms. Excitement fills the air as your turn the key to allow your family and friends a first glimpse of the moment you have waited for.
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Wills & Estates
How Do I Provide for My Disabled Child When I Am Gone?
The RDSP creates the framework for a long-term savings plan to help Canadians with disabilities. and their families, save for the disabled person's future needs — especially after their caregivers are gone. This savings plan is financially complemented by the Canadian Government through two programs:the Canada Disability Savings Grant and the Canada Disability Savings Bond.
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Wills & Estates
Danger! Choose Your Executor Wisely
The DiMichele case, a 2014 decision of the Ontario Court of Appeal illustrates the critical importance of choosing an executor for your estate. Thankfully, this is an extreme example of what can go awry but the story is worth recounting as a warning.
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Litigation
What about that waiver you signed?
You can’t decline, once you’ve signed on the dotted line. You have released the camp from liability for your child. Unless the camp has acted negligently (we’re talking: unsafe, unsupervised, and unsanctioned play), then your child is truly the author of his/her own time at camp.
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Corporate & Commercial
Business 101
Whether you have invented the greatest thing since the Post-It Note, have a booming dog-walking business, or believe that "working for yourself' is the way of the future, here are three of the most common business structures you should consider.
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Wills & Estates
With a Will, There is a Way
Estate planning involves careful consideration of your life circumstances and the interplay of the law. Meeting with a competent lawyer who can navigate you though these considerations is paramount.
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Wills & Estates
Get Out of My Will
When someone finds out they have been disinherited the normal human emotions of anger and pain arise which often lead that person to seek legal help. This then can evolve into lengthy, expensive proceedings not to mention ill feelings within the family unit which could last for years.
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Real Estate
Bully Offers, Bidding Wars, and Auctions
Now that some sanity has returned generally to the housing market it seems prudent to take a deep breath and try to make some sense of the frenzy we all just witnessed. Prices are finally retreating and how far they go will only be known to you who have an infallible crystal ball to consult.
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