Articles & Resources
You’re in a dispute: when do you call a lawyer?
One of the most common questions I receive as a civil litigator is: “Do I need a lawyer?” Often the main hesitation is the cost of retaining representation. Retaining a lawyer is expensive. Lawyers typically operate by the billable hour which means they charge for their time. Sometimes retainers are required. Depending on the nature […]
What happens to the animals in a separation or divorce?
There are a number of unique issues that can arise when a farming family goes through a separation or divorce. One of these areas arise when the parties have livestock or other animals. Generally, the specifics of how animals will be treated in the family court will vary from province to province. In Saskatchewan, animals […]
The Importance of Tracking the History of Farming Property
The Income Tax Act contains some advantageous rules that are specific to farmers. Two of the most well known and beneficial of such rules are: The ability to take advantage of these rules is dependent on whether certain conditions are satisfied. Many farmers are surprised that some of the required conditions are based on the […]
A Power of Attorney’s Power to Make Gifts
An enduring property power of attorney (POA) is the written legal authorization in which a person known as the “grantor” designates a person known as the “attorney” to make decisions about the grantor’s property and finances. Essentially, a POA allows the attorney to step into the shoes of the grantor for the purpose of making decisions […]
Risks associated with advancing an inheritance early
It is not uncommon for farming families to gift land or assets to the next generation with the intention that such gift is an advance on one’s inheritance. There are many benefits of “giving sooner”, including: While providing an advance on someone’s inheritance may seem like a good idea at the time, doing so comes […]
Estate Litigation: Who pays the legal bills?
An estate will normally bear the burden of all legal fees incurred by the executor for its administration, which includes not only fees for core services but also those paid to handle more complex matters, including when a dispute arises and litigation ensues. However, there are some exceptions to that general rule and, in addition, […]