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. .

September 07, 2022

What Happens to my Pet if I Divorce or Separate in Nova Scotia?

September 07, 2022/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

February 07, 2022

How do I Calculate the Value of an Estate in Nova Scotia for Probate?

February 07, 2022/ Highlander Law Group/ Dianna Rievaj

If the estate requires Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. In many cases, assets may have been sold or money received into the estate after the person died, but for the purposes of calculating the value of the estate for Probate, you only include the assets as at the time of death.

December 21, 2021

Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

December 21, 2021/ Highlander Law Group/ Dianna Rievaj

Squatter’s Rights is the concept that if you openly adversely possession someone else’s land continuously for the required length of time (usually 20 year for privately owned land, 40 years for Crown land), that you can apply to the court for an order declaring that you have become the legal owner of that land. The idea is that a land owner can’t sit back for decades and do nothing and then come out of the woodwork and demand their land back.

December 14, 2021

Should I tell Anyone What’s in my Will?

December 14, 2021/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, there is absolutely no obligation for you to disclose what is in any of your estate planning documents. That said, there are a number of circumstances when having a frank conversation with your executors and beneficiaries in advance of your death may avoid an unpleasant (and often costly) conflict after you are gone.

November 22, 2021

Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

November 22, 2021/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia if there is a dispute over the ownership of, or rights to the use of, land, the starting point is the Statute of Frauds. The Statute of Frauds recognizes that land ownership is so valuable, ownership can only be transferred in writing. The goal is to avoid confusion as to ownership rights to land.

November 15, 2021

Will the Public Trustee in Nova Scotia help me Probate an Estate?

November 15, 2021/ Highlander Law Group/ Dianna Rievaj

If there is a competent adult who is in any way interested in the estate, such as a next of kin, beneficiary under the Will or a creditor, the Public Trustee will generally prefer to renounce their ability to act as administrator or personal representative of an estate.

November 01, 2021

What Compensation am I Entitled to if my Purchase and Sale Agreement is Terminated in Nova Scotia?

November 01, 2021/ Highlander Law Group/ Dianna Rievaj

For a variety of reasons, both the seller and the buyer are entitled to terminate a real estate purchase and sale agreement, including in rare cases after the agreement is firm (firm = all required conditions have already been met).

October 11, 2021

Nova Scotia’s Statute of Limitations: What if I’m out of time?

October 11, 2021/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia there exist time limits that decide if you can, or cannot bring your claim forward. These time periods are covered by the Limitations of Actions Act. A simple way to visualize these limitations periods are as a timer ticking down. The timer can be extended or paused, but it will still eventually run out.

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.

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 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.

April 23, 2018

Date of Separation – What does it mean for Nova Scotia couples?

April 23, 2018/ Highlander Law Group/ Dianna Rievaj

In most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).