It is 20 years since the Supreme Court of Canada, in a 5-4 decision, told Sue Rodriguez of British Columbia that she did not have the right to get help in ending her life. Rodriguez was suffering from a terminal condition in which she would soon lose her ability to swallow, speak, walk and move […] Read more
Stories by Gail Wartman
Lender gains rights under mortgage terms
When you sign a mortgage, you are placing some real estate you own as security for the repayment of a debt. Most often, that debt is taken out for the purpose of buying that same piece of real estate. Although your covenant to make your payments on a regular basis is the most obvious promise […] Read more
Wills can be challenged
There have been a lot of comments over the case of Robert McCorkell, a Canadian whose will left a coin collection to a neo-Nazi group in the United States. It was met with a legal challenge in Canada. While most agree that it would be an unfortunate outcome, many were surprised and outraged that a […] Read more
Conditions of judicial interim release
When a person is charged with a criminal offence, he is brought before a justice as soon as possible, and generally, the accused is released on his giving an undertaking to appear at court. Even those people charged with serious offences are not held in custody prior to their trial, unless there is good reason […] Read more
Homework required before heading to small claims court
You’ve hired a contractor to replace your windows. You’ve put down a deposit. He does the work and you are happy with it — until the first time it rains. Many of the windows were not sealed properly and are leaking. It’s going to cost you $6,000 to fix the problem. The original contractor won’t […] Read more
Is a lawyer necessary to probate an estate?
Q: The last of your elderly parents has died and you and your sister have been named executors for the estate. There is farmland, machinery, a vacation property in Arizona, vehicles, life insurance and a number of debts to settle. You realize that if you hire a lawyer, you will have to pay fees based […] Read more
Homestead laws designed to protect family, spouse
Q: What does the term homestead mean legally? It causes a lot of confusion. A: Homestead has different meanings, depending upon the context in which it is used. My grandfather’s definition: It was the process by which he came and started to farm in Saskatchewan 101 years ago. It all began with 160 acres, the […] Read more
Purpose of forming a trust
Many people have heard of family trusts, but are unsure of their purpose. They are a legal entity that can achieve a variety of goals. The trust may own assets that are held for the beneficiaries of the trust, and the trust is managed by the trustee. Family trusts can be used for in-come tax […] Read more
Collect evidence for court
Q: What are the steps needed to defend yourself in cases of traffic accidents or driving offences? A: A friend of ours was recently charged with speeding in a construction zone. He is a conscientious driver and believed that he did not deserve to be charged by the police officer on the scene. He returned […] Read more
Some legal fees are fixed; others based on time spent
Lawyers provide advice and representation as a professional service. This also means that they owe a professional duty to clients and can be held liable if they make mistakes. This obligation to their clients means that every time they provide advice or take instructions, they are opening themselves up to risk. Since lawyers often deal […] Read more
