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LEGALLINE.CA
HOW TO DEFEND A TRAFFIC TICKET If you decide to fight a traffic ticket, there are several things that you need to do. You need to decide whether to represent yourself or hire a lawyer or an agent to represent you. You need to determine what type of traffic ticket you have been issued. You also need to begin preparing your case as soon as possible. First, decide whether you will hire a lawyer or an agent to represent you. If WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home CAN A PARENT WHO HAS CUSTODY MOVE THE CHILDREN ANYWHERE When a parent has sole or joint custody of the children, problems sometimes arise when that parent wants to move and take the children with him or her. The other parent usually will not want the parent who has custody to move to a distant place which makes regular visitation difficult or impossible. The Supreme Court of Canada has recently determined that a custodial parent cannot RESPONSIBILITIES OF THE CONDOMINIUM BOARD OF DIRECTORS Responsibilities of the Board include: management of the corporation, making decisions on major repairs and maintenance of buildings and grounds. communicating regularly with the condominium owners. maintaining and repairing the assets of the corporation, hiring specialists, like engineers, to update the reserve fund study everythree years.
CAN YOU SMOKE OR VAPE CANNABIS IN YOUR APARTMENT OR RENTAL The federal Cannabis Act does not govern the law regarding cannabis use and apartment rentals and tenants’ rights. This falls under provincial and territorial jurisdiction, and varies across the country. In Ontario, if you are 19 years of age or older, and your lease or rental agreement does not prohibit smoking, you are allowed to smoke or vape in your private residence. WHAT TAXES APPLY AFTER SOMEONE DIES? What taxes apply after someone dies? Although there is no death tax in Canada, there are two main types of tax that are collected after someone dies. First, there are taxes on income or on capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. LEGAL LINE | FREE LEGAL INFORMATIONLEGAL ANSWERSTELEPHONE HELP 47 Areas of Law 2,100 Legal Answers. Answering 36,000 questions. every day. 66,514,673 answered to date. Helping millions of Canadians. for 25 years. A federal non-profit organization. TAX RULES FOR GIFTS AND INHERITANCES There are tax rules for giving gifts while you are still alive and for leaving someone an inheritance. The law applies different rules to cash and most personal property than to property that can have a capital gain or loss, such as stocks or land. These rules may affect how you arrange your finances and property to minimize the amount of tax you pay. If you receive a gift or an inheritance DISPUTES WITH NEIGHBOURS CRIMINAL OFFENCES AND PENALTIES UNDER THE CANNABIS ACTSEE MORE ONLEGALLINE.CA
HOW TO DEFEND A TRAFFIC TICKET If you decide to fight a traffic ticket, there are several things that you need to do. You need to decide whether to represent yourself or hire a lawyer or an agent to represent you. You need to determine what type of traffic ticket you have been issued. You also need to begin preparing your case as soon as possible. First, decide whether you will hire a lawyer or an agent to represent you. If WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home CAN A PARENT WHO HAS CUSTODY MOVE THE CHILDREN ANYWHERE When a parent has sole or joint custody of the children, problems sometimes arise when that parent wants to move and take the children with him or her. The other parent usually will not want the parent who has custody to move to a distant place which makes regular visitation difficult or impossible. The Supreme Court of Canada has recently determined that a custodial parent cannot RESPONSIBILITIES OF THE CONDOMINIUM BOARD OF DIRECTORS Responsibilities of the Board include: management of the corporation, making decisions on major repairs and maintenance of buildings and grounds. communicating regularly with the condominium owners. maintaining and repairing the assets of the corporation, hiring specialists, like engineers, to update the reserve fund study everythree years.
CAN YOU SMOKE OR VAPE CANNABIS IN YOUR APARTMENT OR RENTAL The federal Cannabis Act does not govern the law regarding cannabis use and apartment rentals and tenants’ rights. This falls under provincial and territorial jurisdiction, and varies across the country. In Ontario, if you are 19 years of age or older, and your lease or rental agreement does not prohibit smoking, you are allowed to smoke or vape in your private residence. WHAT TAXES APPLY AFTER SOMEONE DIES? What taxes apply after someone dies? Although there is no death tax in Canada, there are two main types of tax that are collected after someone dies. First, there are taxes on income or on capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. TITLE AND OWNERSHIP OF PROPERTY Title is a legal term meaning registered owner of real property. When your lawyer is preparing to transfer the title to your property, you will likely be asked who will actually own it. You may choose to list one name alone, fellow investors (a parent, for example) or, particularly in a marriage, both spouses. HOW MUCH CANNABIS CAN YOU LEGALLY POSSESS? Limits for cannabis possession in public Under the federal Cannabis Act, adults who are 18 years of age or older can legally possess cannabis within certain limits. It is important to note that although the federal minimum age for possession of cannabis in public is 18, most provinces and territories have raised the minimum age requirement to 19. In Quebec, the age is 21. Individuals who have RESPONSIBILITIES OF THE CONDOMINIUM BOARD OF DIRECTORS Responsibilities of the Board include: management of the corporation, making decisions on major repairs and maintenance of buildings and grounds. communicating regularly with the condominium owners. maintaining and repairing the assets of the corporation, hiring specialists, like engineers, to update the reserve fund study everythree years.
RIGHTS AND OBLIGATIONS OF LANDLORDS What are a landlord’s obligations? Residential tenancies legislation in each province and territory establishes the rights and obligations of landlords and tenants. Landlords are responsible for ensuring that rental units and property meet health, safety and housing standards established by law, and are reasonably suitable for occupation given the nature and location of the property. Tenants WHAT IS A CERTIFICATE OF JUDGMENT? If a judge orders someone to pay you money, and the debtor refuses to pay, you can usually collect through the court where the trial occurred. Under some circumstances, the creditor will require proof of judgment to collect the debt. For example, if the creditor wants to: garnish the debtor’s wages, sell the debtor’s personal property or land, or collect the debt through a court in aTRANSFER OF SHARES
Most small corporations and family run businesses are privately held. A privately-held company can sell shares without issuing a prospectus as required by provincial securities laws. This exemption is available to private companies that: do not have more than 50 shareholders (apart from current and former employees), have restrictions on share transfers, which are contained in the corporation OFFENCES AND PENALTIES UNDER PROVINCIAL CANNABIS LAW While the federal Cannabis Act regulates the production, possession, distribution and sale of cannabis across Canada, including criminal driving offences, each province and territory is responsible for developing its own regulations regarding the sale and distribution of cannabis. They can also add additional restrictions to the federal legislation, for example increasing the age of access RIGHTS TYPICALLY FOUND IN COLLECTIVE AGREEMENTS Collective Agreements deal with many employment issues, such as wage rates, health benefits and workplace safety. It is important to remember that any particular Collective Agreement may deal differently with any particular right. Six common rights found in most Collective Agreements include: Seniority Seniority layoff Just cause discipline Vacations Holidays Grievance and arbitration WHAT HAPPENS IF THE POLICE REFUSE TO LAY CHARGES? Laying charges through a justice of the peace The police will always lay charges when they believe a crime has been committed. If, for some reason, an offence has been committed and the police will not lay a charge, any member of the public can take steps to have a charge laid by meeting with a justice of the peace and swearing what is called an information. An information is a document that CANCELLING AN OFFER OR PURCHASE AGREEMENT FOR A HOME Any offer or counter-offer can be withdrawn if there is a time limit on the offer or counter-offer and it passes without being accepted. It can also be withdrawn before the other party formally accepts it (that is, with his or her properly witnessed signature). Although offers and counter-offers are normally irrevocable during a time-period specified by the offeror, if there has been no LEGAL LINE | FREE LEGAL INFORMATIONLEGAL ANSWERSTELEPHONE HELP 47 Areas of Law 2,100 Legal Answers. Answering 36,000 questions. every day. 66,514,673 answered to date. Helping millions of Canadians. for 25 years. A federal non-profit organization. OFFERS AND COUNTER-OFFERS A counter-offer will usually agree with some of the conditions wanted by the prospective buyer, but will exclude the rest. If the seller’s counter-offer is accepted by the buyer, the agreement becomes legally binding. Offers may go back and forth several times before a deal is finally reached. The legal issues can become complicated. DISPUTES WITH NEIGHBOURS TAX RULES FOR GIFTS AND INHERITANCES There are tax rules for giving gifts while you are still alive and for leaving someone an inheritance. The law applies different rules to cash and most personal property than to property that can have a capital gain or loss, such as stocks or land. These rules may affect how you arrange your finances and property to minimize the amount of tax you pay. If you receive a gift or an inheritance TYPES OF DISABILITIES ELIGIBLE FOR LONG-TERM DISABILITY Each long-term disability (LTD) insurance policy is different as each insurance company will have it’s own definition of ‘disability’ that determines what, if any benefits you will receive. Some may cover you regardless of the severity or type of illness or injury you are suffering from, as long as your disability prevents you from being able to perform all, or significantly all of the ROLE OF LAWYERS IN HUMAN RIGHTS CASES Hiring a lawyer for the purpose of filing or responding to a human rights complaint is not required by law. However, because the legal procedures involved are complicated, a lawyer’s assistance will be helpful. A lawyer will be able to: give you advice about your case, assist in filing or responding to a human rights complaint, communicate on your behalf with the other party, and with your TITLE AND OWNERSHIP OF PROPERTY Title is a legal term meaning registered owner of real property. When your lawyer is preparing to transfer the title to your property, you will likely be asked who will actually own it. You may choose to list one name alone, fellow investors (a parent, for example) or, particularly in a marriage, both spouses. WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home CANCELLING AN OFFER OR PURCHASE AGREEMENT FOR A HOME Any offer or counter-offer can be withdrawn if there is a time limit on the offer or counter-offer and it passes without being accepted. It can also be withdrawn before the other party formally accepts it (that is, with his or her properly witnessed signature). Although offers and counter-offers are normally irrevocable during a time-period specified by the offeror, if there has been no WHAT TAXES APPLY AFTER SOMEONE DIES? What taxes apply after someone dies? Although there is no death tax in Canada, there are two main types of tax that are collected after someone dies. First, there are taxes on income or on capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. LEGAL LINE | FREE LEGAL INFORMATIONLEGAL ANSWERSTELEPHONE HELP 47 Areas of Law 2,100 Legal Answers. Answering 36,000 questions. every day. 66,514,673 answered to date. Helping millions of Canadians. for 25 years. A federal non-profit organization. OFFERS AND COUNTER-OFFERS A counter-offer will usually agree with some of the conditions wanted by the prospective buyer, but will exclude the rest. If the seller’s counter-offer is accepted by the buyer, the agreement becomes legally binding. Offers may go back and forth several times before a deal is finally reached. The legal issues can become complicated. DISPUTES WITH NEIGHBOURS TAX RULES FOR GIFTS AND INHERITANCES There are tax rules for giving gifts while you are still alive and for leaving someone an inheritance. The law applies different rules to cash and most personal property than to property that can have a capital gain or loss, such as stocks or land. These rules may affect how you arrange your finances and property to minimize the amount of tax you pay. If you receive a gift or an inheritance TYPES OF DISABILITIES ELIGIBLE FOR LONG-TERM DISABILITY Each long-term disability (LTD) insurance policy is different as each insurance company will have it’s own definition of ‘disability’ that determines what, if any benefits you will receive. Some may cover you regardless of the severity or type of illness or injury you are suffering from, as long as your disability prevents you from being able to perform all, or significantly all of the ROLE OF LAWYERS IN HUMAN RIGHTS CASES Hiring a lawyer for the purpose of filing or responding to a human rights complaint is not required by law. However, because the legal procedures involved are complicated, a lawyer’s assistance will be helpful. A lawyer will be able to: give you advice about your case, assist in filing or responding to a human rights complaint, communicate on your behalf with the other party, and with your TITLE AND OWNERSHIP OF PROPERTY Title is a legal term meaning registered owner of real property. When your lawyer is preparing to transfer the title to your property, you will likely be asked who will actually own it. You may choose to list one name alone, fellow investors (a parent, for example) or, particularly in a marriage, both spouses. WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home CANCELLING AN OFFER OR PURCHASE AGREEMENT FOR A HOME Any offer or counter-offer can be withdrawn if there is a time limit on the offer or counter-offer and it passes without being accepted. It can also be withdrawn before the other party formally accepts it (that is, with his or her properly witnessed signature). Although offers and counter-offers are normally irrevocable during a time-period specified by the offeror, if there has been no WHAT TAXES APPLY AFTER SOMEONE DIES? What taxes apply after someone dies? Although there is no death tax in Canada, there are two main types of tax that are collected after someone dies. First, there are taxes on income or on capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. TITLE AND OWNERSHIP OF PROPERTY Title is a legal term meaning registered owner of real property. When your lawyer is preparing to transfer the title to your property, you will likely be asked who will actually own it. You may choose to list one name alone, fellow investors (a parent, for example) or, particularly in a marriage, both spouses. RESPONSIBILITIES OF THE CONDOMINIUM BOARD OF DIRECTORS Responsibilities of the Board include: management of the corporation, making decisions on major repairs and maintenance of buildings and grounds. communicating regularly with the condominium owners. maintaining and repairing the assets of the corporation, hiring specialists, like engineers, to update the reserve fund study everythree years.
RIGHTS AND OBLIGATIONS OF LANDLORDS What are a landlord’s obligations? Residential tenancies legislation in each province and territory establishes the rights and obligations of landlords and tenants. Landlords are responsible for ensuring that rental units and property meet health, safety and housing standards established by law, and are reasonably suitable for occupation given the nature and location of the property. Tenants WHO HAS A LEGAL OBLIGATION TO REPORT CHILD ABUSE? To report suspected child abuse, the law requires that individuals need to have reasonable grounds, based on an honest belief that harm is being done, or could be done, to a child. A decision to report abuse can even be based on partial or incomplete information, or on mere suspicion. Provincial child protection laws require every person, including those who perform professional or official WHAT ARE THE COSTS OF ENFORCING A JUDGMENT? Enforcing a judgment will cost you money. Regardless of whether you initiate a Judgment Debtor Examination, attempt garnishment, or use the court or Sheriff’s office to collect the debt, you will be responsible for paying costs and fees associated with these processes. You are, however, entitled to collect all costs of enforcing the judgment from the debtor. For information about the costs WHAT IS A CERTIFICATE OF JUDGMENT? If a judge orders someone to pay you money, and the debtor refuses to pay, you can usually collect through the court where the trial occurred. Under some circumstances, the creditor will require proof of judgment to collect the debt. For example, if the creditor wants to: garnish the debtor’s wages, sell the debtor’s personal property or land, or collect the debt through a court in a WHAT TO DO IF A CONSTRUCTION PROJECT IS DELAYED Delays are almost a certainty in most major construction projects, whether they are caused by weather, shortage of materials, or unavailability of municipal inspectors or sub-trades. A good written contract between a contractor and client should anticipate this possibility and provide methods for dealing with delays. A delay may be considered “excusable” under the contract if it is beyond LOCATING AN EX-SPOUSE'S HIDDEN ASSETS The Ontario Family Law Act decides the division of property upon relationship breakdown, and property includes any money, real estate, pensions and disability benefits, and other assets the couple have. It is illegal to hide assets during a divorce proceeding. If discovered, a judge can force the guilty party to pay fines, or give the other CAN THE CONDOMINIUM CORPORATION PUT A LIEN ON MY Yes. According to all provincial and territorial condominium legislation, if a unit owner fails to pay either the common expenses or a special assessment (or in some cases, contributions towards the reserve fund, or expenses for work or repairs ordered by a public authority, such as the fire marshall), a lien may be registered against the condominium unit (called a strata in BC). Once a unit WHAT HAPPENS TO EMPLOYEES IF A BUSINESS IS SOLD? If a business is sold, there are rules that the new owner must follow regarding existing employees. Generally, an employee should not lose any rights or money because the business was sold. Employee rights under a new owner If the employee keeps his or her job, the employee is usually entitled to maintain his or her seniority with respect to all the benefits and rights that were enjoyed before LEGAL LINE | FREE LEGAL INFORMATIONLEGAL ANSWERSTELEPHONE HELP "A plethora of useful information; A much needed service, and they do it well. The Honourable Jonathan Pitblado, Judge The Supreme Court of Canada " 700 lawyers and judges with the finest reputations write answers for Legal Line, and I am proud to have been one. Jim Middlemiss, LL.B., J.D., Editor The National Post Newspaper " I have been volunteering for 25 years, reviewing laws for which IHOME BUSINESSES
General business considerations The term home business generally refers to a business that is run by someone who is self-employed and who operates the business out of their home. There are several legal issues that you should consider if you want to start a home business. Many of these are general issues that are important for all businesses. These include: 1. Form of the business First, you TAX RULES FOR GIFTS AND INHERITANCES There are tax rules for giving gifts while you are still alive and for leaving someone an inheritance. The law applies different rules to cash and most personal property than to property that can have a capital gain or loss, such as stocks or land. These rules may affect how you arrange your finances and property to minimize the amount of tax you pay. If you receive a gift or an inheritance FIRST-TIME HOME BUYER PROGRAMS The Government of Canada has three programs to assist first-time home buyers – the Home Buyers’ Amount tax credit, the Home Buyers’ Plan (HBP), and the First-Time Home Buyer Incentive. In addition to these federal programs, most provincial governments offer land transfer tax refunds to first-time home buyers. As well, mortgage loan insurance is available from Canada Mortgage and Housing WHAT HAPPENS IF YOU DIE WITHOUT A WILL? (INTESTATE) If you die without a Will, the law says that you have died “intestate” which means that you left no instructions as to how your property is to be divided and distributed. In these circumstances, your property will be divided according to the laws of the province in which you live. Even if you want your property divided according to provincial law, you should still have a Will because it SEPARATION AGREEMENTS FOR COMMON-LAW RELATIONSHIPS There is no formal process required for common-law couples to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action. Having said that, however, the process of separating can be very complicated, regardless of whether the couple is legally married or living common-law. In many cases, it is advisable to enter into a separation WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home WHAT TAXES APPLY AFTER SOMEONE DIES? Although there is no death tax in Canada, there are two main types of income tax that are collected after someone dies. First, there are taxes on income or capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. You can minimize the amount of taxes payable by arranging your finances and property with the help of an estate TYPES OF DISABILITIES ELIGIBLE FOR LONG-TERM DISABILITY Each long-term disability (LTD) insurance policy is different as each insurance company will have it’s own definition of ‘disability’ that determines what, if any benefits you will receive. Some may cover you regardless of the severity or type of illness or injury you are suffering from, as long as your disability prevents you from being able to perform all, or significantly all of the ENTERING INTO A COMMON-LAW RELATIONSHIP BEFORE DIVORCE ISCOMMON LAW DIVORCE STATESCOMMON LAW MARRIAGE DIVORCECOMMON LAW DIVORCE COLORADOTEXAS COMMON LAW DIVORCE RULES Is a common-law relationship recognized by law if one partner is still legally married to someone else? Provincial family and marriage law and the Federal Criminal Code address the issue of what a legal marriage is. How common-law relationships are recognized and treated in law falls under provincial legislation and are different in each province. Criminal Code Polygamy means being married to LEGAL LINE | FREE LEGAL INFORMATIONLEGAL ANSWERSTELEPHONE HELP "A plethora of useful information; A much needed service, and they do it well. The Honourable Jonathan Pitblado, Judge The Supreme Court of Canada " 700 lawyers and judges with the finest reputations write answers for Legal Line, and I am proud to have been one. Jim Middlemiss, LL.B., J.D., Editor The National Post Newspaper " I have been volunteering for 25 years, reviewing laws for which IHOME BUSINESSES
General business considerations The term home business generally refers to a business that is run by someone who is self-employed and who operates the business out of their home. There are several legal issues that you should consider if you want to start a home business. Many of these are general issues that are important for all businesses. These include: 1. Form of the business First, you TAX RULES FOR GIFTS AND INHERITANCES There are tax rules for giving gifts while you are still alive and for leaving someone an inheritance. The law applies different rules to cash and most personal property than to property that can have a capital gain or loss, such as stocks or land. These rules may affect how you arrange your finances and property to minimize the amount of tax you pay. If you receive a gift or an inheritance FIRST-TIME HOME BUYER PROGRAMS The Government of Canada has three programs to assist first-time home buyers – the Home Buyers’ Amount tax credit, the Home Buyers’ Plan (HBP), and the First-Time Home Buyer Incentive. In addition to these federal programs, most provincial governments offer land transfer tax refunds to first-time home buyers. As well, mortgage loan insurance is available from Canada Mortgage and Housing WHAT HAPPENS IF YOU DIE WITHOUT A WILL? (INTESTATE) If you die without a Will, the law says that you have died “intestate” which means that you left no instructions as to how your property is to be divided and distributed. In these circumstances, your property will be divided according to the laws of the province in which you live. Even if you want your property divided according to provincial law, you should still have a Will because it SEPARATION AGREEMENTS FOR COMMON-LAW RELATIONSHIPS There is no formal process required for common-law couples to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action. Having said that, however, the process of separating can be very complicated, regardless of whether the couple is legally married or living common-law. In many cases, it is advisable to enter into a separation WHAT HAPPENS TO THE MATRIMONIAL HOME? What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, or simply another home WHAT TAXES APPLY AFTER SOMEONE DIES? Although there is no death tax in Canada, there are two main types of income tax that are collected after someone dies. First, there are taxes on income or capital gains earned during the last year of life. Second, there is interest or capital gains made on money in the estate. You can minimize the amount of taxes payable by arranging your finances and property with the help of an estate LEGAL LINE | FREE LEGAL INFORMATION "A plethora of useful information; A much needed service, and they do it well. The Honourable Jonathan Pitblado, Judge The Supreme Court of Canada " 700 lawyers and judges with the finest reputations write answers for Legal Line, and I am proud to have been one. Jim Middlemiss, LL.B., J.D., Editor The National Post Newspaper " I have been volunteering for 25 years, reviewing laws for which I DISPUTES WITH NEIGHBOURS It is not uncommon for disputes to arise between neighbours. It is generally best to try and solve the problem informally. However, if a problem persists, the person being disturbed may make a complaint to the municipality, the Province or to the police who can lay criminal charges in serious cases. If you have suffered a loss because of your neighbours, you can sue them for compensation TITLE AND OWNERSHIP OF PROPERTY Title is a legal term meaning registered owner of real property. When your lawyer is preparing to transfer the title to your property, you will likely be asked who will actually own it. You may choose to list one name alone, fellow investors (a parent, for example) or, particularly in a marriage, both spouses. COSTS OF BRINGING A LAWSUIT According to recent surveys of Canadian lawyers, it can cost upwards of $10,000-$25,000 to take a lawsuit through the traditional litigation process and a trial. Small claims actions cost considerably less and often involve little more than the nominal filing fee and another fee to serve documents on the opposing side. A typical civil lawsuit costs $1,500 to $5,000 to initiate an action and COMPENSATION FOR NEW HOME CLOSING DELAYS Across Canada, many New Home Warranty Plans include a Delayed Closing Warranty section, in which a builder guarantees that a home will be ready by the closing date specified in the purchase agreement or by a date that has been properly extended. If the closing date is delayed beyond the original closing date or properly extended date then compensation may be payable for such delay. When buying COMMON-LAW RIGHTS UPON BREAK-UP Unless you have signed a cohabitation agreement, common-law spouses generally have fewer legal rights than legally married spouses upon break-up of a relationship. Under your provincial family or marital property legislation, a couple is most commonly considered to be living in a common-law relationship if they have been living together intimately for at least two to three years or if they CAN YOU SMOKE OR VAPE CANNABIS IN YOUR APARTMENT OR RENTAL The federal Cannabis Act does not govern the law regarding cannabis use and apartment rentals and tenants’ rights. This falls under provincial and territorial jurisdiction, and varies across the country. In Ontario, if you are 19 years of age or older, and your lease or rental agreement does not prohibit smoking, you are allowed to smoke or vape in your private residence. HOW DOES LIVING COMMON-LAW AFFECT INCOME TAX? Who is considered living common-law for the purpose of filing income tax? Under the federal Income Tax Act, common-law couples are treated the same as married couples. The definition of common-law partner under the Act is: “A person with whom you live in a conjugal relationship who is not your spouse, and he or she: has been living with you at least 12 continuous months (includes any period CANCELLING AN OFFER OR PURCHASE AGREEMENT FOR A HOME Any offer or counter-offer can be withdrawn if there is a time limit on the offer or counter-offer and it passes without being accepted. It can also be withdrawn before the other party formally accepts it (that is, with his or her properly witnessed signature). Although offers and counter-offers are normally irrevocable during a time-period specified by the offeror, if there has been no DO TENANTS HAVE RIGHTS IF THEY ONLY RENT A ROOM? Most tenants are covered by their provincial or territorial Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants. While each provincial legislation is different, in many provinces, rooming houses, boarding houses, and rooms in landlords’ houses have special exemptions from landlord-tenant legislation. For example, in most provinces, such* We Provide
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