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. .
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.
Read MoreThe 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.
Read MoreWhen 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
Read MoreYou’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.
Read MoreHalifax has rolled out some major changes to By-Law N-300, also known as the Nuissance By-Law. These changes are in the form of a city-wide smoking ban. The By-Law amendments, also known as the “Respecting Smoking” amendments are in effect as October 15, 2018. They cover all smoking and vaping, including both tobacco and cannabis.
Read MoreI 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?
Read MoreSeparation and divorce create uncertainty, especially in the early stages. The question of where you, and any children involved, are going to live is one of the biggest long term and short term decisions that you will make. So now what? You are separating, the whole point is that you do not want to live together anymore. And what about the kids, they still have school, you do not want to disrupt their lives any more than they already are.
Read MoreWhen 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.
Read MoreFor most families, the matrimonial home is the most significant asset they own. Deciding how to deal with it after the breakdown of the relationship is an important decision with long term consequences. Did you know, when refinancing as part of a separation, the spouse keeping the home may qualify to refinance at a higher percentage of the value of the home than the standard maximum. The standard maximum is 80%, but the maximum for a spousal buyout can be as high as 95%.
Read MoreAll 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 MoreIncorporation is the act of making your business a corporation and is one of several forms of business ownership you can have in Nova Scotia and across Canada. When you incorporate and separate the owners from the company itself, your company is considered a person under the law. It will have the ability to have its own money, take out a loan, sue or be sued, contract with other persons and even be convicted of crimes. There are two different ways you can incorporate, federally or provincially. There are advantages and disadvantages to both federal and provincial incorporation, and you need to consider the type of business you have now, and what you would like it to look like in the future in order to make the best choice for your company.
Read MoreQuite 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.
Read MorePlacing a Builder’s Lien in Nova Scotia is an option available to contractors like roofers, plumbers, electricians, landscapers and carpenters who have done work to improve a property and are concerned that they are not going to get paid. A Builders’ Lien is not available in all circumstances, but the definition is pretty broad. You do not even have to have completed the work you contracted to do to place a Lien.
Read MoreA 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.
Read MoreStudent Loans have become the norm as higher education has come to be a prerequisite to earning an average income. With college and university tuition rising, if you desire higher education, loans are simply part of the process. To fund their education, most students borrow from Federal and Provincial student loan programs. According to the Canadian Federation of Students, today's students are the most indebted generation in Canadian history with the average student graduating with over $28,000 of debt. That said, have you ever taken a moment to consider what happens to your loans if you can not pay them off?
Read MoreA 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.
Read MoreThe Executor of an estate is appointed under the Will to “Administer” the estate. Some of the responsibilities of the Executor during the administration of the estate include:
Read MoreVerbal 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:
Read MoreThe good news is that in some cases, you can get divorced in Nova Scotia without ever setting foot in a court house. As long as you have an agreement on the terms of your divorce you can get a “paperwork-only divorce.” And it is not as expensive as you may think.
Read MoreWhy 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:
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
