Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

When you are buying a home in Nova Scotia there are a lot of moving parts to the process. When you are buying a condominium, often you can count on adding a few more. One of the requirements specific to purchasing a condo unit is getting your hands on the estoppel certificate. It’s important to understand why you need one.

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What Should I do With my Life Insurance After a Divorce?

What Should I do With my Life Insurance After a Divorce?

When a couple separates, they know they will have to consider custody and parenting arrangements, support payments, and property division. One critical area that can be overlooked is life insurance.

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What is a Power of Attorney?

What is a Power of Attorney?

A Power of Attorney is a document in which you appoint an “Attorney” who can exercise certain authority on your behalf. For example, you might sign a Power of Attorney authorizing someone to sign an agreement on your behalf because you are out of the country when it needs to be signed. It is important to note that “Attorney” in this context does not mean “Lawyer”. Your Attorney under your Power of Attorney can be anyone that you know and trust.

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Shareholder Agreement

Shareholder Agreement

A business run by multiple partners through a corporation in which you are all shareholders should have a shareholder’s agreement. Yes, even if you are all friends or family. In fact, it is perhaps even more important in that case! Business ventures sometimes fail and even the closest of friends can fight over how a business is being run. A shareholder’s agreement allows you and your partners to agree on many contentious points in advance of any problems arising while cooler heads still prevail.

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Why Should My Contracts Be in Writing?

Why Should My Contracts Be in Writing?

Verbal contracts are technically enforceable. You can go to court and obtain a judgement against someone who doesn’t respect a verbal agreement. So why bother getting it in writing? Here are a couple of basic reasons why everyone should use a written agreement instead of relying on a verbal agreement:

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Why Do I Need a Will?

Why Do I Need a Will?

Why do I need a Will?

It is important to explain the general purpose of Wills before outlining the reasons why you should consider getting one. A Will is your opportunity to decide what you would like to happen with your assets at your death. Generally, your Will can provide for an immediate distribution of your assets to your chosen beneficiaries (friends, family, and charities) or the distribution can be delayed using “Trusts” (a topic for another day).

There are four primary reasons why you should have a Will:

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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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Date of Separation – What does it mean?

Date of Separation – What does it mean?

In most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).

 

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Who Has to Pay Child Support?

Who Has to Pay Child Support?

Because each family and every situation is different, family law can be a unpredictable area of law. There are lots of grey areas and not very many things are carved stone. Child support proves to be the exception to this uncertainty because it tends to be clear cut by comparison.

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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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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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should I hire a realtor to help buy or sell my home?

should I hire a realtor to help buy or sell my home?

Thinking of buying or selling your home? You should enlist the services of a real estate agent to complete the transaction. Buying or selling your home is one of the largest transactions you will complete in your lifetime. Its important to get it "right".  A real estate agent can help you do this in anumber of ways.

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Is it Time to Change your Court Order or Separation Agreement?

Is it Time to Change your Court Order or Separation Agreement?

Every year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.

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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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Ever wonder why some people have a ‘slip and fall’ and get a big payout?

Ever wonder why some people have a ‘slip and fall’ and get a big payout?

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. 

 

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