Disputes and Litigation

Common Law Partners in Estate Matters are not Treated the Same as Legally Married Spouses

A prevalent misconception is that common law spouses have the same rights as married spouses in estate matters. The reality is that they are not treated the same, especially with respect to issues relating to the division of property. In...

By Merovitz Potechin on Monday August 18, 2014.

Does a Seller Have to Wait for a Better Market to Sell their Property in Order to Mitigate Their Damages Where

In Briscoe-Montgomery v. Kelly, 2014 CarswellOnt 9707 (S.C.J.), the plaintiffs sold their hobby farm to the defendant for the sum of $458,000.  The closing was scheduled for September 14, 2012.  The defendant failed to close because of lack of financing....

By Noah Potechin of Merovitz Potechin LLP on Monday August 11, 2014.

A Tree on my Property also Straddles my Neighbour’s Property: Can I Take Down the Tree Without My Neighbour’s

The short answer is no. The Forestry Act provides that every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.  The Forestry Act further provides that every...

By Merovitz Potechin on Monday July 21, 2014.

Doing Business Abroad: Carefully Consider the Method of Accepting an Offer

Are you doing business in another province? Another country? If you are, have you ever given any thought as to where the contract you entered into was formed? In the other province/country? Why is this important anyway? Well it's important...

By Merovitz Potechin on Monday May 26, 2014.