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Thursday, August 15, 2019 @ 6:28 AM

CONDOMINIUMS - Condominium corporation - Rights and obligations

Determination of who was responsible for the costs of remediating a mould problem in a condominium unit. ... [read more]

Wednesday, August 14, 2019 @ 9:18 AM

ONCA orders appeal it bungled to be re-argued after wrong judge signs off on civil judgment

“Oops” — that sums up, in a word, the Ontario Court of Appeal’s terse acknowledgment that the court’s mishandling of a long-running, and costly, civil case means that the appeal must now be re-argued, at the expense of the parties. In a six-paragraph Aug. 13 judgment that was under reserve for several weeks — and with no explanation for how or why things went awry behind-the-scenes — the Court of Appeal ordered an expedited rehearing of the appeal before an entirely different panel of judges ... [read more]

Tuesday, August 13, 2019 @ 12:20 PM

Alberta Appeal Court decision on utilities has ‘huge precedential value’: lawyer Peter Linder, Peacock Linder Halt & Mack

A group of Alberta condo owners has won a long battle to get the City of Medicine Hat to take care of a number of water and sewage lines on their property, with a lawyer involved in the case saying the decision will inform how municipalities and developers conduct themselves when building utilities. ... [read more]

Tuesday, August 13, 2019 @ 9:17 AM

Time to abolish adverse possession in Alberta: institute Stella Varvis, Alberta Law Reform Institute (ALRI)

A law reform institute in Alberta is calling for changes to provincial rules on adverse possession of land, saying it will bring the law more in line with citizens’ expectations. Adverse possession is a legal concept dating back centuries, to a time when possession was of fundamental importance in determining ownership of land. ... [read more]

Thursday, August 08, 2019 @ 11:53 AM

Two new associates join Foglers

Fogler, Rubinoff LLP announced that Gabriela Caracas and Fantasia (Hong Fan) Qian have joined the firm as associates. ... [read more]

Wednesday, August 07, 2019 @ 1:33 PM

Smoking in condos cloudy issue Smoking woman

As more and more people choose to live the condo lifestyle and developers continue to build larger high density condominium projects, condo boards, managers and lawyers are now faced with some unique challenges. ... [read more]

Tuesday, August 06, 2019 @ 12:09 PM

INTERESTS IN LAND - Equitable interests - Resulting trusts

Appeal by the defendant Paul from trial judgment finding that the registered ownership of four parcels of land was subject to a valid and enforceable resulting trust in favour of the respondent plaintiff. ... [read more]

Tuesday, August 06, 2019 @ 10:44 AM

Severing joint tenancy in Nova Scotia done by trusting transfer, lawyer says

Co-owners of property in Nova Scotia wanting to sever the joint tenancy but retain their full share as part of their estate should do it by transferring their interest to someone whom they trust enough to give it right back, says a lawyer following a battle between two women over their family home. ... [read more]

Thursday, August 01, 2019 @ 12:07 PM

Protesters urge new Ontario AG to reverse cuts to legal aid Legal_Aid_Protest_1_sm

Ontario’s new attorney general must “stand up” to Premier Doug Ford and recommend that cuts to legal aid in the province be reversed, says an organizer of a recent protest by clinics serving racialized communities. ... [read more]

Thursday, August 01, 2019 @ 11:26 AM

Canada and U.S. are best friends when it comes to tax collecting American and Canadian Hands Shaking

Despite the rhetoric of current protectionist measures, we still live in an interconnected world. Not only do people, goods and services cross the border, but so do taxes. A good example of this interconnectedness is the Canada-U.S. Income Tax Treaty. Because they are friends who do for each other, Article 26A of the treaty allows the two countries to assist each other in the collection of taxes. ... [read more]