Halifax Lawyer Blog

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. .

August 28, 2018

Appointing a Guardian for Minors in Nova Scotia

August 28, 2018/ Highlander Law Group/ Dianna Rievaj

All 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.

August 07, 2018

What's the difference between Federal and Nova Scotia Provincial Incorporation?

August 07, 2018/ Highlander Law Group/ Dianna Rievaj

Incorporation 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.

July 31, 2018

What Does a Notary or Commissioner of Oaths in Nova Scotia Do?

July 31, 2018/ Highlander Law Group/ Dianna Rievaj

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.

July 26, 2018

How to Register a Builder’s Lien in Nova Scotia

July 26, 2018/ Highlander Law Group/ Dianna Rievaj

Placing 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.

July 16, 2018

What is a Nova Scotia Power of Attorney?

July 16, 2018/ Highlander Law Group/ Dianna Rievaj

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.

July 09, 2018

How Can I Escape from My Nova Scotia Student Loans?

July 09, 2018/ Dianna Rievaj

Student 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?

July 09, 2018

What should be in my Nova Scotia Shareholder Agreement

July 09, 2018/ Highlander Law Group/ Dianna Rievaj

A 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.

July 03, 2018

Duties of the Estate Executor in Nova Scotia

July 03, 2018/ Highlander Law Group/ Dianna Rievaj

The 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:

June 25, 2018

Why Should My Nova Scotia Contracts Be in Writing?

June 25, 2018/ Highlander Law Group/ Dianna Rievaj

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:

June 18, 2018

Do I Have to Go to Court to Get a Divorce in Nova Scotia?

June 18, 2018/ Highlander Law Group/ Dianna Rievaj

The 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.

June 11, 2018

Why Do I Need a Will in Nova Scotia?

June 11, 2018/ Highlander Law Group/ Dianna Rievaj

Why 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:

June 04, 2018

Buying a New Home in Nova Scotia Before Your Old One Is Sold? How Your Lender Can Make It Work.

June 04, 2018/ Highlander Law Group/ Dianna Rievaj

When you are selling your current home and buying a new one there are a lot of moving parts in order to get both deals closed. Ideally they could close a day or two prior to the purchase. However, things don't always go that way.

May 28, 2018

Director's Liability: How Can a Director in Nova Scotia Ensure They Are Meeting Their Obligations?

May 28, 2018/ Highlander Law Group/ Dianna Rievaj

The role of directors in a company and the liability they can incur by their actions is not often the subject of mainstream news reporting. It sometimes comes up when discussing corruption in large multinational companies. However, a recent local court decision has shone a light on this infrequently discussed topic.

May 21, 2018

Are You Really Approved? The Difference Between a Nova Scotia Mortgage Pre-Approval and Approval.

May 21, 2018/ Highlander Law Group/ Dianna Rievaj

Getting pre-approved for a mortgage is a great first step in your home shopping process. It will give you an idea of how much you qualify to borrow, which in turn gives you a budget to work with when you are looking. This is a number to work with before you decide on a certain property. It is important to note that there is a difference between pre-approval and final approval for your mortgage.

May 14, 2018

Consequences of Not Getting Legally Divorced in Nova Scotia.

May 14, 2018/ Highlander Law Group/ Dianna Rievaj

Many people who have been through a separation in Nova Scotia decide they will never get married again, so they think why bother getting divorced. While remarriage is one of the main reasons that long-term separated couples are motivated to get a divorce, there are some other important reasons you should consider.

May 14, 2018

Who Keeps the Engagement Ring If You Split up Before Marriage in Nova Scotia?

May 14, 2018/ Highlander Law Group/ Dianna Rievaj

Not all relationships are meant to last. If a relationship is going to end, it is better for it to end before marriage than after. In cases where a couple is engaged and the wedding is called off, a practical concern can arise, what happens to the ring?

May 08, 2018

What is Probate in Nova Scotia?

May 08, 2018/ Highlander Law Group/ Dianna Rievaj

A somewhat alarming statistic is that nearly 50% of adult Canadians do not have a valid Will. Drawing from that, I am going to imagine that an equally large number of people in Nova Scotia are unfamiliar with probate. This blog will take a look at what probate is and why many people would wish to avoid it.

May 07, 2018

Buying a New Build in Nova Scotia?: Don't get caught with unfinished business.

May 07, 2018/ Highlander Law Group/ Dianna Rievaj

It is always exciting to buy a brand new home. New builds are often customized to you in ways that buying a home that is already built would require extensive renovations to achieve. This advantage comes with it own set of potential issues. One of the big common ones is "deficiencies". These are the things that are not completed by the builder as of the closing date. Best case scenario there are none, or they are minor things that needing to be finished.

April 30, 2018

Wondering If You Can Legally Separate in Nova Scotia Without a Messy Court Battle? Consider Collaborative Family Law

April 30, 2018/ Highlander Law Group/ Dianna Rievaj

It is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.

When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.