Insurance Claims

De-Criminalization and the Law

Kanata CA personal injury, family, and real estate law firm

What Does De-Criminalization Mean? A good question. It is not a legal term. It is a political phrase which is at best ambiguous, and perhaps dangerous in so far as it invites assumptions which are not accurate. We have all heard the term used in the context of a debate currently in vogue with the coming federal election. If…

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Joint Tenancy v Tenancy in Common

Kanata CA personal injury, family, and real estate law firm

We are buying our first home. The bank insists that we add my father as a co-owner of the home in order to qualify for the mortgage amount we need. The entire down payment is coming from our savings and we will be making all the mortgage payments. I would rather not include my father…

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Dividend Sprinkling Shares

My neighbor tells me that he pays his adult children out of his business corporation to fund their costs and expenses while they attend university, and saves a lot on tax compared to what he would pay if he personally funded their expenses. How do I set up my business corporation to do this? The…

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Custody and Access

Kanata CA personal injury, family, and real estate law firm

Q: My wife and I are separating. We have two sons, 11 and 8 years old. Things are reasonably amicable between us, especially regarding the children, and we are trying to figure out custody and access. We both work full time and will be living near each other. What does custody mean, and what sort…

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Separation and its Impact on the Matrimonial Home

Kanata CA personal injury, family, and real estate law firm

My husband and I are separating after three years of marriage. The home we have lived in was mine prior to our marriage and it remains in my name alone. There is significant equity in the home. I understand that our assets will generally be divided equally, but does he have any claim on the…

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Are Family Trusts Useful for Businesses?

Kanata CA personal injury, family, and real estate law firm

A friend tells me that he used a family trust to multiply the use of the lifetime capital gains exemption and saved a lot of tax on the sale of his business. Is a family trust useful for my business? There are many types and uses of trusts. In essence, a trust is a contractual…

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Termination: What is "Just Cause"?

Kanata CA personal injury, family, and real estate law firm

Last month local newspapers reported the case of a McDonald’s employee in Kanata who was dismissed after receiving poor performance reviews. The employee received more than $100,000.00 in court. Why? The short answer is that the judge in this case found that although the employee’s performance was not perfect the employer did not have “just…

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Asset Purchase v Share Purchase

Kanata CA personal injury, family, and real estate law firm

I am negotiating to purchase a business and my business advisor has strongly suggested I structure the deal as an “asset purchase”. Why is this preferable? There are two principal ways to structure the agreement of purchase and sale of a business: as an asset purchase or as a share purchase. An asset purchase is…

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Common-Law Relationships: Co-Signed Loans and Lines of Credit

Kanata CA personal injury, family, and real estate law firm

My common-law husband of five years and I recently separated. We have no children, and divided our assets equally. He owns a small business and I have previously co-signed for a vehicle loan and line of credit for his business. Now that we are separated, am I automatically released from these loans? Separating couples often…

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