16 December

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When will a Court find that there’s a Joint Family Venture?

Posted by Martin

In Ontario, a court may find that a joint family venture (JFV) exists when two or more family members enter into a business or other venture with the intention of working together to achieve a common goal or purpose. A JFV can be found to exist even if the parties do not formally create a legal business entity or enter into a written agreement, as long as the necessary elements are present. The common goal does not need to be profit-driven, either. The goal can be something akin to raising a family together and sharing responsibilities within the household. There are...

16 December

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What rights does a vendor have in Ontario when the buyer backs out of an Agreement of Purchase and Sale?

Posted by Martin

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In Ontario, when a buyer backs out of an Agreement of Purchase and Sale (APS), the vendor may be entitled to damages if the vendor can prove that they have suffered a loss as a result of the buyer's actions. The vendor's rights in this situation will depend on the terms of the APS. It is important to carefully review the APS and seek legal advice from a real estate litigation lawyer if you have questions about your rights as a vendor. If the APS has been terminated due to the buyer's default, the vendor may be able to keep any deposit...

15 February

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When an employee’s hours and pay are reduced, what can they do?

Posted by Martin

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An issue that frequently comes up is when an employer suddenly changes an employee's working hours and pay. Employees turn to Z Legal Litigation Lawyers to find out what their rights are in these situations. When an employer's conduct shows an intention no longer to be bound by the employment contract, the employee has the choice of either accepting that conduct or changes made by the employer or treating the conduct or changes as a repudiation of the contract by the employer and suing for constructive dismissal. An employee will be found to have been constructively dismissed if the employer has...

24 January

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Square Footage Misrepresented on MLS? What Happens Next?

Posted by Martin

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What is the effect on a signed agreement of purchase and sale when the buyer discovers prior to closing that the square footage in the MLS listing was inaccurately inflated? Rescission may be obtained on the basis of a non-fraudulent misrepresentation where the defendant has made a false statement that was material and induced the plaintiff to enter into the contract. The effect of a material misrepresentation is to make an executory contract voidable, not void. On acquiring knowledge of the misrepresentation, the deceived party has the right to elect to affirm or rescind the contract within a reasonable time after...

24 January

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Disclosure Obligations in Real Estate Transactions

Posted by Martin

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Description: There are many ways that a lawsuit can occur in the world of real estate. One of the most common reasons for a lawsuit is disclosures. Find out exactly what a real estate disclosure is, examples of them and how to avoid getting caught up in a disclosure-related lawsuit. Keywords: Real estate disclosures, real estate litigation, real estate, disclosure statements. The article has been kindly provided by our client Real Estate Bay Realty Real Estate Disclosure Related Lawsuits It doesn’t matter if you’re a buyer or seller; disclosures are an integral part of any real estate transaction. Generally, a fresh coat of paint...

25 May

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Suing an Estate for Unpaid Child Support or Spousal Support

Posted by Martin

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Can you sue an Estate for Unpaid Child Support or Spousal support? In short, yes! Make sure to speak with an Estate Litigation lawyer at Z Legal Litigation Lawyers if you have any questions about this. You can sue for child support and spousal support even if no Orders for these were ever issued during the deceased's lifetime. In Ontario, the Succession Law Reform Act (“SLRA”) governs the disposition of estate assets. Section 58 of the SLRA provides that where a deceased has not made adequate provision for the support of dependants after his or her death, the Court may make a support order...

05 July

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Estate Litigation: The Procedure Summarized

Posted by Martin

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Estate Litigation: The Procedure Summarized What is an estate? When an individual has passed away, property which has been left behind (real estate, personal belongings, assets etc.) are considered their ‘estate’. What is litigation? Litigation is a process for the purpose of enforcing a claim or a right. When you combine these definitions, you end up with enforcing a claim/right that pertains to a deceased’s estate – this is estate litigation. The following are some examples that estate litigation lawyers come across, of potentially litigious matters relating to estate trustees, executors, administrators and/or beneficiaries: Challenging the Validity of Wills Powers of Attorney Disputes Appointment...

27 June

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Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse

Posted by Martin

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Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse Under a matter involving an Agreement of Purchase and Sale (“APS”) dispute, retaining a real estate litigation lawyer is highly recommended, since frequently sale/purchase disputes relate to the question of whether or not the buyer can get his/her deposit back. A litigation lawyer with a particular focus on real estate litigation is in the best position to explain viable options to a buyer and/or seller in such a dispute. There are a few common circumstances under which an Agreement of Purchase and Sale cannot be completed. Most frequently, this includes...

25 June

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Mandatory Mediation in Estate Litigation

Posted by Martin

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Mandatory Mediation in Estate Litigation: Do you need an Estate Litigation Lawyer? It is often assumed that most cases are settled in a courtroom. However, there are ways of settling disputes or lawsuits outside of court, and one commonly used method is the use of mediation. Mediation is a form of alternative dispute resolution (ADR), which serves to resolve problems between parties in an enforceable manner. A capable Estate Litigation Lawyer is key to getting the most out of a mediation. In Ontario (certain geographic locations), there exists a requirement of mandatory mediation for estate matters under Rule 75.1 of the Rules of...

25 June

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Bardal Factors and the Reasonable Notice Limit – When to see an Employment Lawyer

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Bardal Factors and the Reasonable Notice Limit – When to see an Employment Lawyer What is considered a reasonable notice period? There is no dispute that an employer owes a duty to an employee to act fairly and reasonably. In circumstance where an employee has been terminated for reasons besides just cause, a notice of termination (or pay in lieu) is required by the employer. This is also known as “severance pay”, which in Ontario is comprised of a statutory notice (and/or termination pay), severance pay, or common law reasonable notice (and/or pay in lieu). However , How do you determine what a...

Author: Martin