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Are you Out of Time? Limitations Periods and how they impact your case

Posted on 9 July, 2019 at 16:10

Limitation periods are one of the issues that I must review with new clients prior to taking any action on their file. While some clients are aware of what these are, and others have a vague idea from American television (references to the Statute of Limitations), most clients are unaware of what a limitation period is and how it impacts their case.

When it comes to legal matters, as time goes on, witnesses have fading memories, and evidence is no longer available. It may also not be...

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Purchasing a Home and Caveat Emptor: Why Residential Real Estate Buyers need to obtain a Home Inspection

Posted on 12 February, 2019 at 0:00

By Daniel Greanya:

One area of law that my office represents people in is in the area of legal disputes related to residential real estate transactions (not the transactions themselves, only lawyers can do that). Usually these matters come to my attention only where the sale falls through for some reason or there is a dispute over the transaction or the property. Residential Real estate transactions are the most important transaction a family will make, and it is very important...

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Quantum What? A guide to getting paid in business transactions

Posted on 12 December, 2018 at 22:30

by Daniel Greanya


To most people a contract is a written paper signed by both parties with agreed terms on it. In reality only a small number of contracts fit this description. A contract refers to the terms agreed by at least two people where one party provides something in exchange for something else from the other party (an exchange, known as consideration). Contracts can take the form of a signed piece of paper, but they can also be orally made, they can be a l...

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Let the Buyer Beware: The Perils of Real Estate Transactions

Posted on 11 March, 2018 at 0:20

By Daniel Greanya


When purchasing or selling a home, it is very important to have the advice of qualified real estate and legal professionals. A home is the largest purchase that most families will make in their lifetime. A real estate transaction is a very serious endeavour, which is fraught with risk. Now I have to disclose that I am not a real estate lawyer, and I do not help people complete real estate transactions. I get involved as a part of my civil practic...

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Landlord's, Tenants, and Real Estate Transactions

Posted on 14 February, 2018 at 2:15

One issue that comes up frequently in my practice with small landlords is how to deal with a tenant where the landlord intends to sell the house to someone else. Small landlords often do not know what to do when they decide for whatever reason to stop being a landlord, or to sell a rental property. What complicates the issue is that often the tenant in the property has been problematic. Real estate agents and lawyers manage the transaction of selling a home and they are the experts in rela...

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Unpaid Invoices and Contract Law: Quality of Goods and Services, Completion of Contract, and a Reasonable Invoice

Posted on 27 January, 2018 at 19:10

In my last post, I introduced the topic of unpaid debts, and addressed the first common justification provided for failure to pay. There are three other common reasons that I wish to address, including disputes over the quality of goods and services provided, disputes about the completion of the contract, and the reasonableness of an invoice.



A common area of dispute between a consumer and a goods/services provider is that of quality of the work or services prov...

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Innocent Fun, or Not? Sexual Harassment in the Workplace.

Posted on 12 December, 2015 at 0:35

Sexual harassment includes sexual jokes and innuendo, pictures or other materials, sexual advances, among other things. Sexual harassment falls into the categories covered by the Human Rights Code, and may involve discrimination based on sex, gender, and sometimes sexual orientation.

 

All employees have the right to be free of sexual harassment. Sexual harassment poisions the workplace environment, destroys workplace morale, offends the dignity of the person, and makes a...

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What is a Contract? Must it be Written?

Posted on 13 May, 2015 at 22:05

By Daniel Greanya.

 

The term contract is a misunderstood term. Many laypeople understand a contract as a numbered document that lists things that both parties agree on in a rather formal manner, and which is usually drafted by a paralegal or lawyer. This understanding impacts their understanding of contract law and civil law as a concept, and their understanding of their legal rights and responsibilities. In reality, the term contract has a meaning far be...

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Civil (Contract) Law claims: Construction & the Implied Term of Reasonable Quality

Posted on 4 May, 2015 at 19:25

By Daniel Greanya.

Home renovation season is approaching, and disputes over construction projects and home renovations will surface in the months ahead. Many of these disputes will end up as civil law actions in the Small Claims Court. Homeowners have expectations about the quality of work and how the renovation will look, and it is important that both homeowners and contractors know their rights and responsibilities. Over the summer, I will address a few are...

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Limitation Periods: Is your time up?

Posted on 6 March, 2015 at 13:35

By Daniel Greanya, BA (Hons.), MA

 

One major issue that clients are often unaware of is that there are time limits for a Plaintiff’s Claim in Small Claims Court and for other proceedings as well (limitation period). The limitation period varies based on the proceeding, but it does impact a client’s ability to make a claim. In my experience, clients are usually unaware that a limitation period exists. While most of the time...

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