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Recent Posts:
- My Two Cents on the Canadian Real Estate Market and Housing Prices in 4 Minutes
- CONDOMINIUM LAW: 10 Day Cooling Off Period and Giving Proper Notice of Rescission
- CONSTRUCTION LAW UPDATE: The Meaning of Builder Under the Ontario New Home Warranty Plan Act
- REAL ESTATE LAW UPDATE: Is a Condominium Corporation Obligated to Buy the Superintendant’s Unit?
- REAL ESTATE LAW: Condominium Basics
PLZ Law Blog
Category Archives: Business Litigation
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 ...
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 ...
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: What the Difference is Between a Condition and a Warranty and Writing the Agreement of Purchase and Sale
Date: October 25, 2010 | Author: Maxim Zavet, BA, JD
One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase and sale that everyone knows exactly what is being bargained for and the agreement is structured and contains clauses towards that intent. An older case, Jorian Properties Ltd. v. ...
Drunk Driving Laws: Mixed Messages
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The RCMP appears to be showing no mercy in enforcing B.C.’s tough new impaired-driving laws. An officer from Vernon, B.C. recently issued an immediate three-day roadside prohibition to a man, impounded his car for three days and issued a $200 fine for blowing over 0.05% blood-alcohol, and below 0.08%, around dinnertime on Monday. The man ...
