PLZ Law Blog

Monthly Archives: November 2010

Contract Law: Rescission Anyone?

Date: November 25, 2010 | Author: Nick Porco, BA, JD

When a client has an issue with a contract he/she most certainly looks to whether the issues caused any damages.  I would agree that this is an automatic first step in the conceptual process involved in creating a remedy to address a client’s needs.  But what about the case where you simply want the contract ...

ESTATE ADMINISTRATION: Advising the Surviving Spouse

Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate and its beneficiaries, he or she should not be required to tell the surviving spouse of the potential rights he or she may have under the Family Law Act (“FLA”). However, ...

Canadian Government to Provide “Window” into Decision-Making After Blocking BHP’s Potash Bid

Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

The Canadian Government is set to establish rules with respect to foreign investment within the month after it blocked BHP Billiton of Australia’s $39 billion hostile bid for Saskatchewan’s Potash Corporation, which would have been the biggest takeover this year, on the grounds that it would be bad for Canada. According to industry Minister Tony ...

Real Estate Law: Choosing a Real Estate Lawyer and Understanding Fees

Date: November 16, 2010 | Author: Maxim Zavet, BA, JD

Often clients will shop around for legal services as if they were a commodity and not a service and therefore the lowest price is the only consideration in their decision.  Like almost any good or service, you often get what you pay for! When looking for a real estate lawyer, one should always ask the ...

Real Estate Law: Buying Real Estate with Other Parties or Trying to Sell Real Estate Owned with Others?

Date: November 5, 2010 | Author: Maxim Zavet, BA, JD

Often individuals and companies purchase property together either as a means to secure financing, registered ownership or as a business venture.  For various reasons, often financial, one or some of the parties need to relinquish their interest in the property. For example, Joan and Bob purchased a multiplex as tenants in common with a fifty ...

ESTATES & NFP: Income Tax and Family Law considerations at death

Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Income Taxes at Death Claims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage breakdown are not uncommon and a frequently litigated issue is whether, for the purpose of computing a spouse’s Net Family Property (NFP), property owned by him or her ...

ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights

Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Court Orders The court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order: Money to be paid; Security to be given; Payment to be deferred for, or made in instalments over a period of up to 10 years; Transfer of property in specie; or Partition and sale ...


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