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. .

May 13, 2019

Are "Executor Fees" allowed in Nova Scotia under the Probate Act?

May 13, 2019/ Highlander Law Group/ Dianna Rievaj

Probate is the process by which a “Personal Representative” is formally appointed to have the authority to administer the estate of a deceased. The person appointed Personal Representative assumes the duty of gathering information about all of the assets of the deceased, (such as bank accounts, investments and property) paying the debts of the deceased out of the assets of the estate, and then and distributing the remainder of the assets among the rightful heirs, who are known as beneficiaries .

April 30, 2019

Condo, or a house?... or something in between? - What is a bare land condominium in Nova Scotia?

April 30, 2019/ Highlander Law Group/ Dianna Rievaj

There are many different ways you can own property. The most common are owning parcels of land, or buying a unit in a building - the condominium. There is another option, where you would purchase a "bare land condominium". The ownership structure of purchasing a bare land condominium is similar to that of the traditional condominium, but refers to a parcel of land, defined by survey markers.

April 26, 2019

Understanding Damages in Personal Injury Cases in Nova Scotia

April 26, 2019/ Highlander Law Group/ Dianna Rievaj

‘Damages’ is a term used to describe the monetary compensation awarded to victims of successful Personal Injury claims. They are calculated and granted by the court following the case. The Damages are an effort to reimburse the victim, as best as possible, for any losses suffered as a result of their injury. These losses could be economic, such as their ability to work for a period of time, or non-economic such as physical injuries. In conducting their calculations of the amount and types of Damages to award, the court asks itself what amount can help to put the victim in the same position they would have been had the injury not occurred.

April 23, 2019

What does "Perfecting a Builders Lien" in Nova Scotia Mean?

April 23, 2019/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.

April 16, 2019

When Can I Sue In Small Claims Court in Nova Scotia?

April 16, 2019/ Highlander Law Group/ Dianna Rievaj

If you are having an issue and you would like to go to court but the idea of an expensive legal battle that drags out for years is not something you are interested in you might want to consider Small Claims Court in Nova Scotia. Small Claims Court is designed for matters that are for smaller amounts of money and can be decided without years worth of evidence. However, there are limits to the matters you can take to Small Claims Court.

April 11, 2019

What Happens After I Lose a Lawsuit in Nova Scotia?

April 11, 2019/ Highlander Law Group/ Dianna Rievaj

If you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.

April 09, 2019

Selling & Showing Your Nova Scotian Home With Pets

April 09, 2019/ Highlander Law Group/ Dianna Rievaj

Keeping you home in tip top shape in order to show it can be a task. Particularly when you have pets in your home, but it can make a bad impression if you don't. Here are some things you should think about when your selling with pets:

April 04, 2019

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

April 04, 2019/ Highlander Law Group/ Dianna Rievaj

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.

April 02, 2019

First Time Homebuyers' Rebate - Nova Scotia

April 02, 2019/ Highlander Law Group/ Dianna Rievaj

If you are buying a home for the first time you may qualify for First Time Home Buyers' rebate.

A "first time buyer" is an individual who builds or purchases a newly built home and has not owned or occupied a home in Canada in the last five years.

February 25, 2019

Getting a Home Appraisal in Nova Scotia? What's that all about?

February 25, 2019/ Highlander Law Group/ Dianna Rievaj

There are many reasons home owners require an appraisal, but the most common appraisal requests are for lending purposes. When a financial institution is considering granting a loan to purchase, improve or refinance a property, they need confirmation of the current market value of the property that will be securing their investment. An appraiser is called upon to provide an unbiased opinion of value based on market research and analysis and a review of the subject property. Appraisals are also commonly sought for real estate transactions, estate planning, separation and divorce settlements and insurance purposes.

February 20, 2019

A Fresh Start Any Time - Now to Organize!

February 20, 2019/ Highlander Law Group/ Dianna Rievaj

A new year is a fresh start in many ways. It is a great time to re-set. Organizing your home can be a great way to do this. Read on to learn a few ways to take advantage of the timing and get organized.

February 18, 2019

What Do Happens at my Nova Scotia Corporation's Annual General Meeting

February 18, 2019/ Highlander Law Group/ Dianna Rievaj

Incorporation is only the beginning of the process, corporations in truth require continuous attention. One important order of business a corporation is required to conduct is an Annual General Meeting or an “AGM”. A corporations governing legislation will set out the time frame within which an AGM is required to be held. According to both the Canada Business Corporations Act and the Nova Scotia Companies Act, an AGM is mandated to take place at minimum once a year

February 14, 2019

why you should understand & embrace hygge

February 14, 2019/ Highlander Law Group/ Dianna Rievaj

Hygge is a word that has been popping up a lot in discussions of home decorating, particularly for the fall and winter. Consider how embracing Hygge when staging your house for sale in the winter can have a positive impact on offers.

February 09, 2019

Your property assessment in Nova Scotia - what is it, and what is it for?

February 09, 2019/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia real property is given an assessed value each year. The question is how do assessors arrive at that value, why are properties given an assessed value and what is that figure used for?

February 04, 2019

Do Nova Scotia Builders' Liens Really Work?

February 04, 2019/ Highlander Law Group/ Dianna Rievaj

I was asked recently by a contractor if there was really any value in filing a builder’s lien in Nova Scotia. Reading between the lines, I gathered what he was really asking was, is it worth the money in legal fees that it would cost to go through with a builder’s lien process. The answer is, it depends.

January 16, 2019

Grammar Matters: Why Precision Writing Is so Important in Legal Documents in Nova Scotia

January 16, 2019/ Dianna Rievaj

A dairy company in Maine loses a multi-million-dollar case over a missing comma in the state’s employment legislation that would have otherwise prevented drivers from receiving overtime pay. Rogers loses a million dollar case against Bell over a comma only to have the decision overturned based on comma placement in the French version of their contract.

January 01, 2019

Understanding & Accommodating Mental Illness in Nova Scotia

January 01, 2019/ Highlander Law Group/ Dianna Rievaj

January 31st has been designated ‘Bell Lets Talk Day’ in an attempt to recognize that we as a society need work on acknowledging mental illness. Mental illness is as real as physical illness. Just like physical illness, mental illness comes in all shapes and sizes and does not discriminate against who it attacks. Statistically, in any given year 1 in 5 people in Canada will personally experience a mental health problem or illness. The Canadian Mental Health Association website shares other startling statistics with respect to how common mental illness is amongst us. Initiatives like ‘Bells Lets Talk Day’ help reduce the stigma and resulting discrimination attached to mental illness. However, the reality is understanding and acceptance of mental illness in our society is not what it should be…. yet.

December 21, 2018

Who Should I Choose as My Executor for my Nova Scotia Will?

December 21, 2018/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, your Executor is the person you designate in your Will to be legally responsible for distributing your assets to the beneficiaries you name after you’ve died. They’re also technically responsible for handling your remains. It is a very important role with heavy financial consequences attached to it, as such it is important to select someone who is up to the task.

December 20, 2018

Prevent Heartache By Having a Lawyer Review Your Nova Scotian Commercial Lease Part II – Leasehold Improvements

December 20, 2018/ Highlander Law Group/ Dianna Rievaj

Leasehold improvements include anything that needs to be done to the space that you are going to lease in order to make it fit for your purposes. Your lease should outline who is responsible for making the changes, who is paying for the changes, and what the timeline is for getting it done. It should also make clear who is the decision maker with respect to the leasehold improvements. For example, if new flooring is to be laid do you get to decide the specific type or does the landlord.

December 19, 2018

What is an Executor in Nova Scotia and what are their duties and job?

December 19, 2018/ Highlander Law Group/ Dianna Rievaj

When a person creates a Will in Nova Scotia the two main functions of the Will are to determine which assets each beneficiary will receive and to appoint the person who is in charge of following the instructions in the Will. The Executor is title given to the person whose job it is to follow the instructions in the Will.