• Easy to read articles on legal proceedings and procedures along with legal tips by the Lawyers at Brimage Law Group

    Legal Articles

    By the lawyers of Brimage

Title or Mortgage Fraud

Incidents of real estate title or mortgage fraud are increasing in Canada and homeowners and lenders are proving to be irresistible targets for fraud artists. The role of legal professionals and title insurance companies has become critical in the fight to detect and prevent fraud. Homeowners can protect themselves through independent legal advice, the purchase of title insurance and exercising caution when signing legal documents. The financial loss which a homeowner could sustain as a victim of fraud could be huge.

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Statutory Offences

When a person is charged with an offence it is generally a charge under the Criminal Code, the Controlled Drugs and Substances Act or a charge under the Provincial Offences Act.

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Seller Disclosure Forms

If you are selling real estate today you may be asked by your real estate agent to complete and sign a Seller Property Information Statement (“SPIS”). These forms are the product of the Ontario Real Estate Association (OREA). It is not a legal requirement that you sign these forms when you list your property for sale.

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Suing Parents For Damage Caused By Their Children

The Parental Responsibility Act was enacted in May 2000. This Act makes it possible for parents to be sued for damage or losses caused by their minor children: “where a child takes, damages or destroys property, an owner or a person entitled to possession of the property may bring an action in Small Claims Court against a parent of the child to recover damages.” The maximum claim is currently $10,000.00.

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Landlord and Tenant Law for Post Secondary Students

The Landlord and Tenant Board (the “Board”) is the name for the tribunal, which settles disputes between landlords and tenants. Our area postsecondary students should know that as tenants, they have considerable rights under the law (Residential Tenancies Act) and the Board has the power to enforce the rights of both landlords and tenants.

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Constructive Dismissal

An employee can be constructively dismissed if the employer changes a significant term of the employment without the consent of the employee. This does not mean that any change in the terms of employment constitutes constructive dismissal. Employees must expect reasonable disruptions in employment and are not entitled to a job for life in the place of their choice.

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Home Inspections – What Buyers Need to Know

If you are buying a resale home and don’t want to inherit the sellers headaches, a home inspection by a professional should be given serious consideration. If a home inspection is ordered, your offer to purchase is usually conditional on you being satisfied with the inspection so that if the inspection is not satisfactory, there is no deal.

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Did you know?

  • It’s very important to have all your documents completed properly and to have your case accurately and thoroughly stated » Learn more
  • Before entering a business partnership it’s important that a partnership agreement is drafted by an experienced business lawyer » Learn more
  • If a “limitation period” passes with no actions taken you could miss out on the compensation you deserve » Learn more
  • Many lawsuits are settled before a trial begins » Learn more
  • When buying a property all documents (from both lenders and realtors) should be run by an experienced real estate lawyer » Learn more
  • When selling a property have the utility companies do the final readings to avoid contest » Learn more
  • Always declare an alternative guardian for any minor children in case your first choice is unable to care for them » Learn more
  • If you are arrested or detained you have the right to be told why you have been arrested or detained » Learn more
  • Civil claims have set limitation periods so it is important to file as soon as possible » Learn more
  • Keep your lawyer’s contact information on hand at all times just in case of a legal misunderstanding » Learn more
  • Brimage Law Group is Norfolk County’s only law firm with dedicated business lawyers » Learn more
  • Additional expenses in real estate transactions should be transferred via certified cheque from your bank for the exact amount » Learn more
  • Update your Will with every major change to your life, family or finances » Learn more
  • In custody agreements it’s important to include grandparents’ visitation rights » Learn more
  • You can write conditions into your Will to change it in the event of “special circumstances” » Learn more
  • Sole proprietorship, partnership and incorporation all have their advantages and disadvantages » Learn more

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