Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
When the judge renders their decision after a Supreme Court of Nova Scotia trial, generally for ever one party that is happy and convinced the judge got it right, there is another party that is upset and equally convinced the judge got it wrong. Read on to learn about the steps you must take if you wish to appeal.
Read MoreNo one really wants to spend money on a lawyer, but sometimes it becomes the only practical option. Here are a few practical tips to minimize the amount of money you spend on legal fees if you do have to retain a lawyer in Nova Scotia.
Read MoreA common occurrence we see in our Nova Scotia law firm is buyers who have a complaint about their new home AFTER the deal is closed. Unfortunately, it’s often a complaint that falls squarely within the buyers due diligence conditions, which they waived during the purchase process. Most often, the excuse is that there “wasn’t time” to arrange for the proper tests, inspections etc. within the condition timeframe.
Read MoreOur law firm often gets panicked correspondence from a mortgage broker or a client asking if we can do a refinance in a "rush" when people have left their mortgage renewal or refinancing with a new lender until the very last minute. This is putting unnecessary pressure on everyone involved in the process, not the least of which being the client, and it does not have to be like that.
It can be scary for a parent to get a call from child protection workers, but it doesn’t necessarily mean that the children are going to be taken away. In Nova Scotia, child protection is part of the Department of Opportunities Social Development, and is often referred to as CPS, though some people will also use the acronym CAS, which is short for Children’s Aid Society, which is the name used in Ontario.
Read MoreOn closing day in Nova Scotia, the buyer is entitled to do a pre-closing inspection, "walk-through" to confirm that they are satisfied with the condition of the property now that the seller has moved all of their things out. What happens if the buyer is NOT happy?
The easiest way to make sure that support is paid is to register your agreement with the court. Under the Parenting and Support Act, you can register a signed separation agreement with the court.
Read MoreWe regularly help clients from other provinces in Canada and even other countries, buy and sell land in Nova Scotia. Often the clients are frustrated with the process and in particular the idea that they even need to hire an actual lawyer to complete the transaction. I find myself thinking, “You’re not in Kansas anymore.”
Read MoreIn Nova Scotia, the definition of “common law marriage” is different depending on why the designation is needed.
For example, for income tax purposes, the CRA defines a common law partners as any couple who are not legally married, but have been living together for at least 12 months, or are living together and have a child together.
Read MoreA “prenup” (or prenuptial agreement) is a form of marriage contract, usually signed prior to getting married, and in anticipation of getting married in the future. However, a marriage contract can also be signed after the marriage, and a version of this type agreement, called a “cohabitation agreement” can be signed by any couple either in anticipation of living together, or after they have already started living together. Whether or not they ever plan to get married.
Read MoreThe Purchase and Sale Agreement is signed. Your Realtor says you need a lawyer for the next step but of course you don’t ‘have a lawyer’. How do you figure out which lawyer to hire?
Read MoreBuying or selling a home in Nova Scotia can be a stressful and hectic time, especially in the days leading up to and on closing day. Here are 4 helpful tips to consider when making plans.
Read MoreThe only way you are able to change the ownership of a property in Nova Scotia is by signing a new deed. The most common way, if you are not selling your property, is by way of a “Quit Claim Deed”.
Read MoreSeparation can be a very emotional time. Even when people part ways on good terms, it can be difficult to make rational decisions. If possible, we recommend contacting three key professionals – a therapist, an accountant, and of course, a lawyer.
Because common law spouses aren’t protected by the Matrimonial Property Act (the law that talks about how married people’s property is divided), a separation agreement is usually the way that most common law partners resolve the division of assets and debts
Read MoreIn Nova Scotia, all things ‘Power of Attorney’ are governed by the Powers of Attorney Act. The Act tells us that in order have the ability to act as your Attorney under a Power of Attorney the person you wish to appoint must:
Read MoreMany people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.
Read MoreIf you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.
Read MoreThe answer to that question, unfortunately, is a giant, “It Depends.”
The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.
The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.
Read MoreA deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land.
Read MoreThe important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
B3Z 2J1
