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When is Probate Not Needed in Toronto - Canada

It is important for people who wish to stop estate assets from being distributed to know that a certificate of appointment (“Probate") is not always necessary to effect the transfer of assets.

Stopping Probate in Toronto - Canada

Probate in Ontario is called "a certificate of appointment of estate trustee with a will". This article addresses what steps have to be taken in Ontario to stop the process of getting a Will probated.

Due Diligence! Buyer Beware!

This article will briefly discuss the advantages and disadvantages of the two common structures – share purchase or asset purchase arrangements.

Drug Offenses - Canada

The late William F. Buckley Jr. was a renowned political commentator and writer whose conservative views were much admired by right wing proponents of “law and order”, a term referring to harsh criminal law policies including “zero tolerance” in the so-called “war on drugs”.

Care Givers Marrying the Elderly - Elder Abuse?

Elderly people who are lonley, depressed, ill and cognitively impaired are especially vulnerable to financial predators who marry them as part of a plan to obtain control and ownership of their assets. This article is a review of an Ontario case called Banton v. Banton in which Justice Cullity of the Superior Court of Ontario, Canada dealt with such a situation, set aside the Will and addressed the differing capacities for making a Will and getting married.

Elder Abuse -Legal Options- Canada

There may be as many as 150,000 seniors being victimized in Ontario Canada.(FN1) The abuse can take many forms. One common form of abuse is financial. The purpose behind this article is to provide some information to people on the first steps they might consider when discovering the problem. Let’s first talk about signs of financial elder abuse.

First Step in Will Challenge - Canada

Why is filing a Notice of Objection so important? Once filed, the court registrar will not issue a certificate of appointment (Probate) without notice to the Objector. Probate tells the world that the Will is valid & the executor is in charge of the assets. There is a risk that when granted Probate, the executor can sell the assets or remove out of the jurisdiction and thereby make collection difficult.

The Contingency Fund Demystified - Canada

This text reports some myths relating to the contingency fund that we identified through the exercise of our specialty. Following is the list of the syndicate's obligations relating to the contingency fund.

Renting your Condo under Quebec's Law - Canada

The rental of dwellings in an immovable in divided co-ownership is common in Quebec. Nevertheless, this is a delicate operation, requiring several measures of precaution and should never be done blindly.

Shareholders' Remedies in Canada in 2010

When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the vailable remedies if disputes arise. This paper highlights the remedies available in common law jurisdictions of Canada to protect shareholders and others from abusive corporate action, including oppression remedy, derivative actions, court-ordered meeting, investigations and winding up.

Rules of Civil Procedure in Ontario Changes as of January 1, 2010 - Canada

Ontario revised its Rules of Civil Procedure to make the civil justice system more accessible and affordable for Ontarians. The changes touched on: * Discovery * Pre-Trials * Simplified Procedure * Experts *Service Filing Deadlines * Case Management * Summary Judgment * Dismissal & Status Hearings. This article does not cover every change to the Rules of Civil Procedure. It covers two aspects of the changes which are of heightened interest to the public at large.

Litigating in the Enlightened Age of Mediation in Ontario, Canada: Drafting Pleadings

In the enlightened age of mediation, more than of 90% of all lawsuits eventually settle. Good counsel must now see the pleadings in a different light. The Statement of Claim or Complaint is a very useful marketing tool. If drafted with its audiences in mind, it can go a long way to help achieve a good settlement. The authors are experience business litigation lawyers in Toronto, Canada.

The Standard of Appellate Review in Ontario Canada: High Hurdles to Right Wrongs

Assessing the prospects of success on appeal and winning on appeal are among the most difficult aspects of an advocate’s role. Losing party’s counsel is confronted with human and analytical challenges which can be more complicated than the events which led to the unsatisfactory trial judgment, jury verdict, arbitral award or tribunal decision. Winning counsel has to deal with the possibility of reversal.

The Five Most Significant Decisions of the Canadian Courts in 2008-2009

What the Courts decide affect the lives of many citizens. In this interesting article, the authors review the most important decisions decided by Canadian courts between September 2008 and August 2009.

Developments in the Enforcement of Foreign Judgments in Canada

Courts in Ontario, Canada, where more than one-third of Canada’s population resides, are very receptive to the enforcement of final and conclusive foreign money judgments is subject to certain statutory exceptions and procedural requirements. The authors detail the law and procedure relating to the enforcement of foreign jdgments in Ontario, Canada.

What Happens if You Want to Back out of an Offer or Purchase Agreement? - Canada

In this article, the author will be discussing what happens if you change your mind after signing an offer or purchase agreement.

What Happens to Deposits on Termination of Agreement of Purchase and Sale? - Canada

Generally, the deposit a buyer puts down in respect of an agreement of purchase and sale is only released by the listing brokerage in very limited circumstances.

Standard Terms in an Agreement of Purchase and Sale - Part 22 - Canada

This article covers various standard terms in the agreement of purchase and sale of property relating to parties, property, purchase price, deposit, schedules, fixtures and chattels, rental items, dates/searches & requisition date, conditions, agreement in writing, and execution and acknowledgment.

How Do Ontario Realtors Get Paid? - Part 21 - Canada

This article discusses some scenarios applicable to compensation for the services of Realtors.

Buyer Representation Agreements - Part 20 - Canada

At any time before a buyer can make an offer to purchaser property, they must sign a “Buyer Representation Agreement” with the brokerage. This article discusses the implications of the agreement and obligations.

What Are the Legal Obligations of Ontario Realtors? - Part 19 - Canada

So what are the legal obligations of Realtors? In a nutshell, they include professional, ethical, fiduciary and contractual obligations, each of which will be briefly discussed in turn.

Landmark Decision may Ease Social Assistance Burden on Sponsors - Canada

As in all sponsorship situations, our government did not concern itself with the financial resources of the relatives abroad. Instead, it concerned itself with the income of the Canadian sponsors.

The Hazards of Relying on Regular Mail for Your Immigration Application - Canada

Those who are filling out their immigration applications on their own should be aware of an important decision recently released by the Federal Court.

Longer Lines and Surprises in the Canada Immigration Plan for 2010

Although the overall target will remain the same as in 2009 — 240,000-265,000 new immigrants — there will definitely be some big winners and losers in the year to come.

What Does an Ontario Realtor Do for a Seller? - Part 18 - Canada

As an Ontario homeowner wishing to sell your property, you will likely ask your Realtor to list it (among other things). Much of the discussion of listing the property revolves around the appropriate listing price. Here, the Realtor will generally conduct a comparative market analysis. He or she will look up comparable homes in the nearby neighborhood that sold recently. The article discusses some of the listing agreements and processes involved with selling a property.

What Does an Ontario Realtor do for a Buyer? - Part 17 - Canada

A Realtor is initially engaged by a buyer to help find the right type of home at the right price. The Realtor will advise on the comparative market value of the home and discuss negotiation strategy, the responsibilities of the buyer, and various standard and non-standard terms and conditions in the agreement.

Legal Options Available to Victims of Real Estate Fraud in Ontario - Part 15 - Canada

As a homeowner, the thought of being a victim of real estate fraud is scary. While uncommon, identity fraud exists and should be guarded against. A fraudster, for example, can impersonate the registered owner of real property and transfer the property to him, herself or a third party. Moreover, a fraudster could acquire a mortgage fraudulently through false information or identification and then run away with the money. This could happen repeatedly with the same property before being discovered.

Organized Real Estate in Ontario (Part 14) - Canada

Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each so called “actor” will be examined in turn.

How Do I Get a Copy of Someone's Will? - Canada

Obtaining a copy of the Will is the first step. Whether the matter involves finding out if beneficiaries were treated fairly or if there are concerns relating to the validity of a will. The most frequently asked question by a concerned party is "how do I get a copy of the Will?" This article deals with the legal avenues open to parties to obtain a copy of a testamentary document in Ontario Canada.

Toronto Real Estate Lawyers (Part 13): Agreement of Purchase and Sale

As a follow up to my previous articles about the Agreement of Purchase and Sale, in this article, I’ll be discussing the execution and acknowledgment section of the Agreement of Purchase and Sale.

Toronto Real Estate Lawyers (Part 12): Agreement of Purchase and Sale

In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.

Toronto Real Estate Lawyers (Part 11): Agreement of Purchase and Sale

As a follow up to my previous article about Agreements of Purchase and Sale (for residential properties) which dealt with the Information Section, Price, Deposit, Irrevocability Clause, and Completion Clause, I will continue with discussion highlighting certain parts of OREA’s standard form. In this article, I’ll be talking about chattels and fixtures, rental items, and title search.

Toronto Real Estate Lawyers (Part 10): Agreement of Purchase and Sale

This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.

Terrible Idea to Banish Foreign Workers from Canada

On October 10th the federal Conservatives proposed some regulatory changes which they claim address the "rising concern for the fair treatment of temporary foreign workers."

Toronto Partnership Lawyer: Limited Partnerships (Part 5) – Tax Considerations - Canada

Following up on my recent articles about Ontario limited partnerships, what they’re all about, how a limited partner can lose their limited partner status, how a limited partnership is not a separate legal person, and securities laws compliance, this article discusses certain tax considerations for limited partnerships.

Legal Options Available to Victims of Real Estate Fraud in Ontario

Real estate fraud in Ontario generally includes “mortgage fraud” (e.g. fraudsters acquire a mortgage fraudulently through false information or identification and run away with the money, leaving the true home owners with a significant liability) and “title fraud” (e.g. fraudsters use stolen identity or forged documents to transfer a registered owner’s title to him or herself without the owner’s knowledge).

Toronto Real Estate Lawyer (Part 14): Organized Real Estate in Ontario

Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each will be examined in turn in part 14 of the Real Estate article series from Dynamic Lawyers Ltd.

Toronto Partnership Lawyer: Limited Partnerships (Part 3) – Separate Legal Entity?

The following article relates to two previous articles that discussed limited partnerships in Ontario. This article focuses on addressing the following question: "is a limited partnership a separate legal entity from its partners?"

Toronto Partnership Lawyer: Limited Partnerships (Part 2) – Limited Partner Losing Limited Liability Status

The following article discusses how limited partners can lose their liability status for Ontario limited partnerships. You should check out your province’s own legislation dealing with limited partnerships and the case law that interprets that legislation. Also, be sure to get a lawyer to update you on any new legislation or cases that impact limited partnerships.

Family Shareholder Fights Highlight Need for Formal Agreements

An article in Canadian Law Times discusses a hotly-contested shareholder dispute.

Toronto Partnership Lawyer: Limited Partnerships

A limited partnership is a partnership governed by statute and any governing documents agreed to between the parties (e.g. limited partnership agreement). We begin our analysis with the Ontario Limited Partnerships Act. Section 3(1) of that Act states that a limited partnership must consist of at least one person who is a GENERAL partner and one person who is a LIMITED partner.

Toronto Partnership Lawyer: Partnership Agreements

Information relating to partnership agreement templates and general partnership agreements in Ontario, Canada.

Toronto Real Estate Lawyers: Defaulting on Your Mortgage

Defaulting on your mortgage...dreaded topic if you're going through it...but important to know if you're unaware or considering it...

Converting from ‘Visitor' to 'Student' Not Always Possible

Whatever the reason might be, we must remember that common sense and consistency don't always rule the day when it comes to the immigration process. It's better to be guided by the act, regulations, and policy manual than by logic or intuition.

American Fiancé Gets too Cozy in Canada

I just returned to the U.S.A. after having spent a year and a half with my fiancée in Canada...seven months of which I had no status. I had applied for an extension of my status, but it was denied.

South African Refugee Could See Reversal of Fortunes

It was like robbing a bank and then yapping about it to the whole world.

Fishing Trip at Risk over DUI

Fishing Vacation to Canada

ICBC Disability Benefits

What conditions must I meet to be entitled to immediate disability benefits or wage replacement from ICBC?

Sentencing

This article reviews the various sentencing options available to a court in Ontario, Canada, after a person has been found guilty of a criminal offense.

Theft FAQ

The charge of theft is very broad and can encompass many different factual situations. This FAQ answers questions posed by those facing a theft charge.



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