What does Perfecting a Builders Lien Mean?

What does Perfecting a Builders Lien Mean?

In Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.

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When Can I Sue In Small Claims Court in Nova Scotia?

When Can I Sue In Small Claims Court in Nova Scotia?

If you are having an issue and you would like to go to court but the idea of an expensive legal battle that drags out for years is not something you are interested in you might want to consider Small Claims Court in Nova Scotia. Small Claims Court is designed for matters that are for smaller amounts of money and can be decided without years worth of evidence. However, there are limits to the matters you can take to Small Claims Court.

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What Happens After I Lose a Lawsuit?

What Happens After I Lose a Lawsuit?

If you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.

 

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Do Builders' Liens Really Work?

Do Builders' Liens Really Work?

I was asked recently by a contractor if there was really any value in filing a builder’s lien in Nova Scotia. Reading between the lines, I gathered what he was really asking was, is it worth the money in legal fees that it would cost to go through with a builder’s lien process. The answer is, it depends.

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The 411 on legal Cannabis use in Halifax, NS

The 411 on legal Cannabis use in Halifax, NS

As of October 17, 2018, the use of cannabis will be legal all across Canada. The rules for having and using cannabis are different in each province. Here are a few notable points for Nova Scotia, particularly when it comes to using it where you live…

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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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How to Defend A Small Claims Court Action

How to Defend A Small Claims Court Action

To start a small claims court action a claimant has to file paperwork at the court. The next required step is to serve the documents on the defendant. This means they either have to pass the documents to the defendant themselves or hire or arrange for someone else to do so. If you are never personally served with documents than it’s a safe bet there is no lawsuit against you.

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Can I Represent Myself In Small Claims Court in Nova Scotia?

Can I Represent Myself In Small Claims Court in Nova Scotia?

The short answer is yes, you can represent yourself in Nova Scotia Small Claims Court. In fact, in Canada you can represent yourself all the way up to the Supreme Court of Canada. However, the limit for small claims court in Nova Scotia is $25,000 so if the claim you’re involved in is approaching that amount it may be well worth your money to use the expertise of a lawyer to represent you.

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How to Make an Adverse Possession Claim in Nova Scotia

How to Make an Adverse Possession Claim in Nova Scotia

When you make an Adverse Possession Claim that means you are saying that you believe you should now be the legal owner of a particular piece of land, replacing the person whose name is currently on the deed. The first step is determining whether you meet all the requirements. In general, you must have possessed the land for a period of 20 years in a manner that is open, continuous, notorious, adverse, and exclusive. For more details on this criteria read our blog “Squatters Rights and Adverse Possession”. If you believe you meet all theses criteria then you are in a position to make a claim

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Squatters Rights and Adverse Possession in Nova Scotia

Squatters Rights and Adverse Possession in Nova Scotia

You’ve been using a piece of land in Nova Scotia that you know is not your own for years and you’re wondering how to get legal title to this land. People commonly refer to this area of law as squatters’ rights, lawyers call it “adverse possession”. In simple terms, in order to have any legal right to someone else’s land you must have used the land in an open, notorious, exclusive, and adverse manner for 20 years.

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Can Sharing Emotional Labour Save my Relationship?

Can Sharing Emotional Labour Save my Relationship?

I see many people in my office whose relationships have broken down. Although every couple and every situation are unique, there are some common themes that emerge. Whether clients label it or not, “emotional labour” is at the heart of many disputes and a significant cause in relationship breakdown. But what is emotional labour?

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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 Does a Notary or Commissioner of Oaths Do?

What Does a Notary or Commissioner of Oaths Do?

Quite simply put, Notary Publics and Commissioner of Oaths are people who have been authorized by law to serve as an official witness to the signing of various legal documents. Notarizing a means that a Notary or Commissioner has taken the proper steps to verify your identity and then has witnessed your signing of a particular document. Afterwards they seal and sign the document to certify their witnessing of the signature. 

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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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Prevent Heartache By Having a Lawyer Review Your Commercial Lease

Prevent Heartache By Having a Lawyer Review Your Commercial Lease

I recently came across a story in the news highlighting the unfortunately common situation where a small business owner is facing financial disaster as a result of terms in their commercial lease they didn’t fully understand when they signed.  Cash flow challenges are reality for most small business, particularly those in the start up phase.  As a result, many view spending money to have a lawyer review what appears to be a standard lease is a luxury they can’t afford.

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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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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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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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What you need to know if you are hunting in Nova Scotia!

What you need to know if you are hunting in Nova Scotia!

You can obtain a hunter’s license at the N.S. Dept. of Natural Resources, or any approved vendor. You need to renew your hunters licence every year. You must be the age of 18 or older unless you have an adult with you. Hunting season in Nova Scotia is open October 1st until December 5. You are not allowed hunting on Sundays except for November 1st & 8th.

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Speeding in school zones: What does "When children are present" even mean?

Speeding in school zones: What does "When children are present" even mean?

Ever drive by a school zone sign and wonder what counts as ‘When Children Are Present’?  It’s even more important to know now that the speed limit in a school zone changed to only 30 km/hr where the speed limit is normally 50 km/hr.  The definition of ‘When Children Are Present’ hasn’t changed.  The School Area Regulations made under the Motor Vehicle Act states that a child is deemed ‘present’ if the child is ‘on land’ within 30 meters of the center line.  There is no time limit to this definition.  If a child is present, the reduced speed limit is in effect 24 hours a day, 7 days a week, 365 days a year.  Therefore, if a child is walking along the side of the road in a school zone at 10:00 pm at night in the middle of August, the school zone reduced speed limits still apply.  The logic is, regardless of the time of year, a school is an area where children congregate, whether it’s for academic learning or other pursuits that make use of the school facilities (sports leagues, drama camp etc.).

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