All children under the age of majority, which is 19 in Nova Scotia, require a legal guardian. This position is typically assumed by their parents. When one of the two parents die, guardianship of minor children is generally transferred automatically to the surviving parent. However, in circumstances where both parents have passed away, or the surviving parent is unfit to take on the role, guardianship will be determined depending on certain factors.Read More
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:Read More
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.Read More
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.Read More
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.Read More
Ever wonder why some people have a ‘slip and fall’ and get a big payout from the business owner where the fall happened, but some people, and sometimes those hurt far worse, don’t get anything?
Most often these situations are governed by the Occupiers Liability Act, although the common law rule of negligence may also apply. Under the Act, the ‘occupier’, defined as the person who essentially has control over the premises (whether because they own it, rent it or for any other reason have physical control over the premises), has a duty to ensure that any person who legally enters the premises will be reasonably safe. The key word there is ‘reasonably’. Obviously no owner/occupier of a property can prevent every potential accident from happening, so the law draws a line between injuries that are as a result of unavoidable, unfortunate accident and which injuries should have been prevented by some action by the owner/occupier.
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.Read More
As a Golden Retriever Mom, I understand the desire to ensure your pets would be cared for properly if you cross the Rainbow Bridge before they do. Estate planning will help you accomplish this. Leaving a letter or talking to your family is not legally binding and opens the door to the possibility that your wishes will be ignored and your pets given away, or worse.Read More
Thinking of buying or selling your home? This is one of the largest transactions you will complete in your lifetime, it’s important to get it "right". A real estate agent can help you do this. These are some of the reasons why:Read More
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.Read More
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.Read More
A simple ‘texting and driving’ google search generates statistics that goes on for pages. It’s simple logic – if you’re looking at something other than the road when you’re driving, you are more likely to have an accident. One stat pops up repeatedly, and paints a pretty scary picture. A driver’s eyes are diverted from the road for an average of 4.6 seconds when reading or sending a text. In 4.6 seconds, with its driver not looking at the road, a car travelling 100km/hour travels the length of a football field. It doesn’t take a lot of creativity to imagine the deadly situations that might crop up on the road in that span. Not surprisingly, the US National Highway Transportation Safety Administration reports that you are 23 times more likely to crash if texting while driving.Read More
Deciding where to live can seem overwhelming. There are a lot of factors that contribute to that choice. What you may not know is that it is not simply a choice between renting OR buying, there is also a third option: buying a home on leased land. This blog focuses on some pros and cons of each to help you decide.Read More
Running your small business out of your home can be convenient and cost-effective options for many. If you’re moving and planning to operate your business out of your home. this blog outlines some important details to consider.Read More
During a meeting last week, a senior family lawyer with over 25 years of experience told me that he tells clients involved in high conflict cases to delete all their social media accounts. There can be a strong temptation to let the world know just how awful your ex is. This same senior lawyer also said, “people think if they post negative comments about their ex that everyone will agree and take their side.” It is a good idea not to post anything to social media when you are upset. There is plenty of good research that says we do not make good decisions when we are emotionally charged, and once a post has been sent, there is no taking it back.Read More
Many people may have heard the term "migration" with respect to property but have no idea what that means. That’s fair, a lot of people don’t. This blog will give a Coles notes overview of what it is and why it matters to you as a home owner or potential purchaser.
Canada has some of the strongest anti-SPAM legislation in the world. Starting on July 1, 2017, it is going to get even tougher. In 2014 the Canadian Anti-Spam Law (CASL pronounced “castle”) became law in Canada. The purpose of the law is to protect people from getting commercial messages they do not want.Read More