How to Sue Someone In Small Claims Court in Nova Scotia

How to Sue Someone In Small Claims Court in Nova Scotia

In Nova Scotia small claims court is a great option for getting a ruling on issues that involve amounts totalling less than $25,000. The two main benefits are that A) every step of the way it’s quicker and B) for most people it ends up being significantly less expensive, yet you still end up with an enforceable judgement from a Nova Scotia Court.

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Director's Liability: How Can a Director Ensure They Are Meeting Their Obligations?

Director's Liability: How Can a Director Ensure They Are Meeting Their Obligations?

The role of directors in a company and the liability they can incur by their actions is not often the subject of mainstream news reporting. It sometimes comes up when discussing corruption in large multinational companies. However, a recent local court decision has shone a light on this infrequently discussed topic. 

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Are You Really Approved? The Difference Between Mortgage Pre-Approval and Approval.

Are You Really Approved? The Difference Between Mortgage Pre-Approval and Approval.

Getting pre-approved for a mortgage is a great first step in your home shopping process. It will give you an idea of how much you qualify to borrow, which in turn gives you a budget to work with when you are looking. This is a number to work with before you decide on a certain property. It is important to note that there is a difference between pre-approval and final approval for your mortgage.

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Consequences of Not Getting Legally Divorced in Nova Scotia.

Consequences of Not Getting Legally Divorced in Nova Scotia.

Many people who have been through a separation in Nova Scotia decide they will never get married again, so they think why bother getting divorced. While remarriage is one of the main reasons that long-term separated couples are motivated to get a divorce, there are some other important reasons you should consider.

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What is Probate?

What is Probate?

A somewhat alarming statistic is that nearly 50% of adult Canadians do not have a valid Will. Drawing from that, I am going to imagine that an equally large number of people in Nova Scotia are unfamiliar with probate. This blog will take a look at what probate is and why many people would wish to avoid it.

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Buying a New Build?: Don't get caught with unfinished business.

Buying a New Build?: Don't get caught with unfinished business.

It is always exciting to buy a brand new home. New builds are often customized to you in ways that buying a home that is already built would require extensive renovations to achieve. This advantage comes with it own set of potential issues. One of the big common ones is "deficiencies". These are the things that are not completed by the builder as of the closing date. Best case scenario there are none, or they are minor things that needing to be finished.

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Wondering If You Can Legally Separate Without a Messy Court Battle? Consider Collaborative Family Law

Wondering If You Can Legally Separate Without a Messy Court Battle? Consider Collaborative Family Law

It is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.

When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.

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Copyright Tips for Small Business

Copyright Tips for Small Business

One of the items on my ever growing “To-Do” list was to write a blog post outlining the copyrighting issues that the average small business owner should be aware of.  And like a gift, sent directly to my inbox, came this exceptionally well written guest blog post by my colleague Corinne Boudreau of Legal Essentials Inc. via my subscription to Linda Daley’s blog ‘Work better, not harder’. As the saying goes, there’s no point trying to re-invent the wheel so instead of attempting to write basically the same thing, I decided to share her post instead:

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What happens when your real estate deal falls through?

What happens when your real estate deal falls through?

Failing to close on a purchase or sale obviously isn’t anyone’s Plan A, but it does happen. What does Plan B look like?

Some of the reasons that a deal might fall through on closing day include, financing issues, a buyer purchasing a home on the condition that their previous home sold, major issue arises on inspection or pre-close walk through that cannot be resolved.

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Inspection and the Final Walk-through: Bring it up on or before closing day or forever hold your peace.

Inspection and the Final Walk-through: Bring it up on or before closing day or forever hold your peace.

One major piece of the picture when buying your home is inspecting the property to decide A) what issues there are and B) how they will be addressed OR if you are willing to live with them.

Professional Inspection

One of the first steps after you have signed an agreement of purchase and sale is a home inspection. It is always a good idea to use a professional home inspector come in and do an inspection of the home you are considering buying. Their job is to flag any issues that may change your mind about purchasing the property, or the price you are willing to pay for it.  The inspection is the opportunity to raise issues that will need to be addressed. As a result there may be further negotiations with the seller to either take care of the issue prior to closing, or sell at a lower price so you will have the money to fix it. You should look for an inspector that has both liability AND errors and omissions insurance. This protects you not only from any damage they might cause while on the property to do the inspection, but also provides you with possible recourse if they miss something important on the inspection.

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Police, cameras and public accountability

Police, cameras and public accountability

There is no question police have a difficult and at times dangerous job. I think police do their best and try hard to be reasonable and helpful. But police do have a tremendous amount of power and that is why there is so much news coverage when things go wrong and they don’t act responsibly. Cameras worn by police as well as CCTV cameras seem to be working to make police more accountable.

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How long does it take to get a Divorce?

How long does it take to get a Divorce?

Ask almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.  A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?

 

The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.

 

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Thinking about buying a vacation home? What you should know first:

Thinking about buying a vacation home? What you should know first:

We are lucky to live in a place with a wealth of cottages and vacation homes. Many Nova Scotians are able to make the dream of having a cottage come true. This blog reviews some of the things to look out for to avoid your dream becoming a nightmare.

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Why is my Date of Separation Important?

Why is my Date of Separation Important?

In family law, the date of separation is a very significant date for two reasons. Most of the time, a couple will not be granted a divorce until they have been separated for one year. The other reason is that the debts and asset of a divorcing couple are generally divided based on the value they had on the date of separation.

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Looking to move out of an apartment, but may not be able to afford a mortgage? There may be a solution.

Looking to move out of an apartment, but may not be able to afford a mortgage? There may be a solution.

Are you interested in moving out of an apartment, or building equity instead of paying rent, but a traditional mortgage isn’t the best choice for you? There may be a solution out there for you that you were unaware of. Foxwood Village is a new development in Hubley that is taking what some might consider an unconventional approach to creating their development. If you buy a home in Foxwood Village, you are buying the house itself, but you will lease the land it sits on.  You pay a monthly rental fee for the land. The rental fee and collateral mortgage payments would still be less than the average traditional mortgage payment.

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Myth-busting Child Support and Custody

Myth-busting Child Support and Custody

Almost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support. 

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Should I Adopt my Step Child?

Should I Adopt my Step Child?

Non-traditional or “blended” families are becoming more and more common in Canadian society. One aspect of this movement is step-child adoption. Before deciding to adopt, it is a good idea to consider meeting with a therapist or a counsellor. In the rush of happiness about your new family it may appear there is no downside to adoption, but this is a big step to take with permanent effects. A counsellor can help you decide if adoption is right for you and the child.

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Severance Pay: What am I entitled to after being let go from my job?

Severance Pay: What am I entitled to after being let go from my job?

An unfortunate reality of today’s corporate world is restructuring, outsourcing and downsizing.  For many hard-working employees, the result is lay-offs.  One day you go to the job you’ve devoted yourself to for years and the next you find yourself unemployed with a standardized letter letting you go, along with a request to sign a ‘Release’ in exchange for a severance package.  You are reeling and have no idea if the package they are offering you is what you are entitled to.  This is where an employment lawyer comes in.  Many lawyers, including myself, are happy to meet with people in your shoes to review your situation and give some basic advice as to whether or not the severance package offered is within the acceptable range.

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