DISPUTES (CIVIL LITIGATION)
When you've tried everything you can think of to resolve the situation, but the other side simply doesn't agree with you, it's probably time to go see a lawyer. People's perceptions of what they are entitled to under the law is not always grounded on legal fact. Consulting with a lawyer can help you understand what your legal rights and options are. Most disputes ultimately centre on money. It's unwise to accept a settlement, without at least understanding are getting what you are entitled to under Nova Scotia law.
We offer an 'Issue Review Consult', which is a flat fee ($100+HST) meeting where you explain your situation to a lawyer who will then give their opinion as to what your rights and options are. If you think you might need a lawyer, but aren’t sure how a lawyer could help or how much it will cost then this consult is the perfect place to start.
Despite everyone’s best intentions, from time to time communications break down and the parties to a contract come to an impasse on how to resolve terms in a contract. We can review your situation and help you understand what your rights are and where you stand legally with respect to defending your position. Contacting a lawyer does not necessarily mean you have to sue anyone. We work on your behalf to negotiate an acceptable resolution, but if the other side isn’t willing to give, we will represent your interests in a court proceeding.
Whether your loved one has died with or without a Will, the reality is conflict amongst potential beneficiaries is common. We can help walk you through the legalities of what is required to make a Will valid and discuss the possibilities of what happens if someone challenges the Will. We can also assist with understanding the Probate process. Our goal always is to help you avoid court, but if it’s the only means to the end, we represent clients in court on contested estate matters under the Nova Scotia Probate Act and the Nova Scotia Intestate Succession Act.
The Nova Scotia Labour Standards Code and Nova Scotia Human Rights Act set out many of the rules with respect to when and how an employee can be terminated. In general, an employer may let an employee go any time (excepting discrimination, of course) during the probation period or if it’s ‘without cause’ at any time as long as they provide adequate notice. Termination ‘for cause’ (ie ‘Being Fired’) must be well supported. If you are facing a termination situation we can help you understand what your options and rights are.
If you’ve been injured and it is someone else’s fault, most of the time you are entitled to be financially compensated for your loss. Your ‘loss’ includes repayment for out of pocket expenses incurred as a result of the injury, actual and future lost wages and a lump sum to compensate you for your ‘pain and suffering’ from having sustained your injury. You should never agree to an insurance company pay out without first speaking to a lawyer to make sure you understand what you are entitled to under Nova Scotia law.
A Builders' Lien is a claim registered against a property for work done or materials provided in the course of building or renovating a structure on that property within 60 days of the last day of work. It may be placed by the contractor if the home owner hasn’t paid, or by sub-contractors if the general contractor hasn’t paid. We are authorized to register Builders' Liens at the Nova Scotia Registry of Deeds. If money is owing as a result of work done, we often can help negotiate payment without requiring a Lien.
We help contractors collect outstanding accounts receivable. Often we start with a stern letter stating that we will commence legal action if payment isn’t made. Frequently this is enough to get people to the table to discuss the outstanding amounts. If payment isn’t made, we can help you prepare for Small Claims Court (where you can claim up to $25,000) or start an action on your behalf. It’s important to note that just because you sue someone, doesn’t necessarily mean you’ll end up going all the way to court. We continue to work hard to negotiate a settlement.
right of way disputeS
It is not uncommon for what is happening on the ground to not exactly match what the legal title to your property states. If you are facing a situation where you feel someone is crossing the line onto your property or someone is preventing you from using a piece of property that you feel you are entitled to, we can help. We will review your situation and the legal title on record and help you understand how to get the situation resolved.
failed real estate deals
If the condition dates have passed and one party chooses to walk way from a real estate transaction in Nova Scotia, there is a real possibility that the walking party can be held responsible for any losses incurred by the seller between the date the party walks and the date the property is eventually sold. (like reduced selling price and extra mortgage and insurance payments) If your property deal is falling apart, we may be able to help save it and if not, we can walk you through the options after the collapse.
labour board complaints
Whether you are an employer facing a Nova Scotia Labour Board complaint against you or an employee who is considering filing a formal complaint against their employer, we can help you understand and navigate the process. While you can self-represent, it is not advisable as decisions made at the Board level are highly technical and based on the language in the legislation. We can also help negotiate a resolution without resorting to a formal complaint being necessary.