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Author: Martin

Z Legal Litigation Lawyer | Toronto, Canada > Articles posted by Martin

Estate Litigation: The Procedure Summarized

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...

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

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...

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Mandatory Mediation in Estate Litigation

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...

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

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...

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Deciding between Small Claims Court and Superior Court

If you're looking for a Litigation Lawyer, whether for an Employment Law matter (such as Wrongful Dismissal, Constructive Dismissal, Severance Pay), Commercial Litigation or other matter, if your case falls in the $20-40,000.00 range, a decision must be made early on whether to start a Claim in Small Claims Court (limited to $25,000 in Ontario), or Superior Court (over $25,000).The answer may seem to be obvious - "if I'm claiming more than $25,000 then I'll start it in Superior Court, and if it's less than $25,000 I'll start it in Small Claims Court." - but in practice many considerations should go...

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“For Cause” Dismissal and the Duty to Accommodate

Q. When an employer alleges termination "for cause", how does the Duty to Accommodate come into play? If the employee can show the termination was a wrongful dismissal, can she receive Severance pay?A. Our client, Ms. A, was a long term employee, who was ultimately terminated "for cause". She had worked for her company for over 20 years and had good performance reviews until she became sick.  Her sickness prevented her from completing her duties on time. She eventually went on Short Term Disability.Unfortunately, she returned from her disability leave too early, and was still unable to complete her tasks...

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5 Things to Know About Failed Real Estate Deals

Your House Sale or Property Sale Fell Through? What now? Will I need a Litigation Lawyer?Who gets the deposit? Generally speaking, when a house sale falls through the vendor of the property retains the deposit unless there's specific wording in the Agreement of Purchase and Sale that states otherwise.  That's true even if the vendor resells the home at the same, or even a higher, price. The price of the house dropped after the property sale fell through. Now what? The vendor can initiate a Claim against the purchaser who failed to close on the original deal and caused the house...

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5 Things That Affect Your Severance and Notice Pay

Fired? Laid Off? "Downsized"?  Here are five things you need to know that can affect your Severance and Notice Pay.If you had a signed contract before you started working, what you can get may be limited by that contract. You remember that agreement that you quickly skimmed over before signing on to that dream job?  Well it may have limited what you're entitled to once your position is terminated for any reason.  Depending on the wording in the contract, you may be limited to the minimums under the Employment Standards Act, which is FAR LESS than what you could otherwise potentially...

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5 Key Things to Know about Dependent Support Claims against an Estate

Estate Litigation with Dependent Support ClaimsIn this post, we're going to discuss briefly 5 common Estate Litigation issues that someone who has a potential Dependent Support Claim, or who is challenging such a Claim, needs to keep in mind:Dependent children always get priority. Regardless of any other entitlement any dependents may have, dependent supports claims by children and other dependents of the deceased will always get priority over everyone else in Estate Litigation claims. Being separated doesn't mean your ex isn't entitled to a LOT when you die. If you're separating from your spouse, make sure to have a valid Separation Agreement...

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