PLZ Law Blog

Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

My Two Cents on the Canadian Real Estate Market and Housing Prices in 4 Minutes

Date: April 24, 2012 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Every other day I get asked “what’s the deal with the Canadian Real Estate market and housing prices is there a cap? Will there be a bust/crash? What will be the floor?”  After spending 4 minutes thinking about it; the following is just my two cents!  Over the past few years, I wake up every ...

Wrongful Dismissal and the Importance of the Employment Contract

Date: March 22, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Employees who are wrongfully terminated may have recourse.  Suing for “Wrongful Dismissal” may allow the employee to recover some damages that were caused by the employer. “Wrongful Dismissal” requires that there was a contract of employment, and that the contract has been breached by the employer.  In order for employers and employees to understand their ...

Breached Agreements of Purchase and Sale: Can I Recover My Losses?

Date: February 9, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Many Real Estate transactions wind up breaking down between the point where an Agreement of Purchase and Sale has been signed and the transaction is completed (“closed”). In such cases there are very often financial losses for both parties. Depending on who is at fault, there are avenues for the vendor or purchaser to recover ...

Should the RCMP Unionize? Share Your Views.

Date: February 3, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

When it comes to labour law, the existence or non-existence of unions in a certain field can make all the difference. With this in mind, members of the Royal Canadian Mounted Police, our Federal police force, are bringing the debate as to whether or not the force should unionize to the internet. In April 2009 ...

ESTATE LITIGATION: Challenging a will with the court’s assistance

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Orders for Assistance Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court. For instance, an order for assistance is obtained on a motion made without notice, supported by affidavit evidence, Rules, r. 74.15(2). With certain exceptions, an order ...

ESTATE LITIGATION: Challenging a will and strategies for all those concerned

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Submission of Rights to the Court After submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either: Request on a motion for directions respecting the conduct of the Application for a Certificate of Appointment; or File a statement of submission of rights to the court in ...

ESTATE LITIGATION: Challenging the validity of a Will after probate

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced by filing a notice of objection. In that event, the party wishing to challenge the validity of a will has to obtain an order directing ...

ESTATE LITIGATION: Challenging the validity of a Will prior to probate

Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for challenging the validity of a will are: The absence of testamentary capacity; The lack of approval or knowledge of the contents of the will; The indication of undue influence; ...

Legislature Challenged to Rewrite Prostitution Laws

Date: December 4, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Ontario prostitution laws have been temporarily upheld by a court in Ontario, which presents a timeline, and a challenge, for the legislature to rewrite the laws to protect sex-trade workers. In a decision that was released on Thursday, the Ontario Court of Appeal granted the temporary stay on an earlier court ruling striking down three ...

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, ...


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