The Judge Got it Wrong – Appealing to the Nova Scotia Court of Appeal

/ Highlander Law Group/
The Judge Got it Wrong – Appealing to the Nova Scotia Court of Appeal

You’ve just received your decision from the Nova Scotia Supreme Court and you’re convinced the judge got the ruling wrong. What are your options? The only opportunity to change the outcome is to appeal to the Nova Scotia Court of Appeal. You only have a small window to appeal – as little as 25 (business) days in many cases, so your first call should be to a lawyer familiar with both the subject area of law of your matter, but also with the Court of Appeal.

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Is it worth it to hire a lawyer in Nova Scotia to help me with my debt collection issue?

/ Highlander Law Group/
Is it worth it to hire a lawyer in Nova Scotia to help me with my debt collection issue?

One of the most common things I hear from people who are owed money in Nova Scotia is "I don't even know where to start." As a litigation lawyer, if I'm asked that question, my answer is "Find out what your options are."

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“But there wasn’t time”…… When it comes to the biggest purchase in your life – Make Time

/ Highlander Law Group/
“But there wasn’t time”…… When it comes to the biggest purchase in your life – Make Time

A 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.

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Don't let your Mortgage Maturity Date surprise you in Nova Scotia

/ Highlander Law Group/
Don't let your Mortgage Maturity Date surprise you in Nova Scotia

Our 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.



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How do I make sure that my ex pays the support they agreed to pay in our separation agreement?

/ Highlander Law Group/
How do I make sure that my ex pays the support they agreed to pay in our separation agreement?

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.

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When am I considered to be in a “common law” marriage in Nova Scotia?

/ Highlander Law Group/
When am I considered to be in a “common law” marriage in Nova Scotia?

In 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.

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I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

/ Highlander Law Group/
I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

A “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.

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My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

/ Highlander Law Group/
My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

There are some risks and some benefits when adding an owner to real property in Nova Scotia. People sometimes add their adult children to the deed to property whom they wish to have inherit, to avoid the complication of probate. Because common law partners are not protected by the Matrimonial Property Act (which protects the home that legally married people live in, even if only one of them is on the deed), some people will add their common law partner to the deed to achieve the same protections.

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My common law spouse and I are separating in Nova Scotia. What do I need to do?

/ Highlander Law Group/
My common law spouse and I are separating in Nova Scotia. What do I need to do?

Separation 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

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Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

/ Highlander Law Group/
Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:

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How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

/ Highlander Law Group/
How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

/ Highlander Law Group/
My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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Spousal buyout? What is it – how does it work in Nova Scotia?

/ Highlander Law Group/
Spousal buyout? What is it – how does it work in Nova Scotia?

So, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of.  What does that mean?

 Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.

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Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

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Understanding Deed Transfer Tax When Purchasing Property in Nova Scotia

If you considering buying a property in Nova Scotia it's crucial to understand the various costs involved, including the deed transfer tax. In Nova Scotia, this tax plays a significant role in the total cost of a real estate transaction .

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What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

/ Highlander Law Group/
What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

Real Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.

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8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

/ Highlander Law Group/
8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

I can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.

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Nova Scotia Family Law Court Orders Aren’t Set in Stone

/ Highlander Law Group/
Nova Scotia Family Law Court Orders Aren’t Set in Stone

So you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.

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Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

/ Highlander Law Group/
Buying a Condo in Nova Scotia? Here's why you need an estoppel certificate.

When you are buying a home in Nova Scotia there are a lot of moving parts to the process. When you are buying a condominium, often you can count on adding a few more. One of the requirements specific to purchasing a condo unit is getting your hands on the estoppel certificate. It’s important to understand why you need one.

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What Should I do With my Life Insurance After a Divorce in Nova Scotia?

/ Highlander Law Group/
What Should I do With my Life Insurance After a Divorce in Nova Scotia?

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 is a Nova Scotia Power of Attorney?

/ Highlander Law Group/
What is a Nova Scotia Power of Attorney?

A 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.

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