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Legal Blog

Mediation – Neutral Facilitation For Family Law Matters

Our last post was second in a series about alternative dispute resolution (ADR) – an umbrella term for out-of-court methods for ending legal disputes. Last week, we discussed the basic principles of negotiation. This week, we move onto the next logical step that separating or divorcing parties can turn to without resorting to litigation.

Negotiation - An Underlying Foundation Of ADR

In our last post, we looked at some of the benefits of Alternative Dispute Resolution (ADR) for resolving separation and divorce issues. In our next few posts, we examine the nuts and bolts of various out-of-court methods, starting with the most basic: negotiation.

ADR - Out-Of-Court Solutions For Separation And Divorce

If we go by the numbers uncovered last year in the U.S., then Canadian couples have just passed the summertime high season for divorce filings. With the wheels in motion on ending the relationship, families must next decide on a process to settle the associated legal matters.

Over our next few posts, we provide a refresher on the more amicable, non-litigated approaches under the umbrella of alternative dispute resolution. We start the series this week by reviewing why ADR makes sense in many cases.

Condominium Authority Of Ontario - Long-Awaited, Starts This Fall

Back in 2015, the Protecting Condominium Owners Act became law in Ontario. It was the culmination of over 200 recommendations and represented the province's first major reformation of condo law in 16 years.

Implementing the new provisions has been slow, but one component is now in place: the establishment of the new Condominium Authority of Ontario (CAO). Its formation is a step forward in providing trainng for condo directors, better transparency and increased protection for condo buyers.

Chattels And Fixtures - What's Included In A Real Estate Sale?

Which items stay with a home? Which ones leave with the seller? - These are age-old questions and among the most common sources of disagreements in real estate deals. The answers are not always clear-cut, but depend on the interpretation of chattels and fixtures.

Buyer Beware - Must Home Sellers Reveal Psychological Stigmas?

Haunted houses, home meth labs, murder scenes - Some buyers might not care if the real estate they bought has a shady past. Others won't touch such properties, even at a sale price. Ontario laws include rules on what home sellers must disclose to prospective buyers. Are psychological stigmas included? What action can buyers with the heebie-jeebies take to avoid investing in "undesirable" property?

Status Certificate - Resale Condos' Equivalent To Home Inspection

Prudent home buyers do not skip the home inspection. Behind walls, carpets and ceilings, any number of unseen problems may lurk - from faulty electrical to foundation flaws. In a resale condo scenario, home inspections are rare, but there is an important parallel: inspecting the status certificate. Having a lawyer review this document is a wise precaution. In fact, it's so indispensable that lawyers typically turn it into a condition of purchase. What is a condo status certificate and what's the risk in passing it over?

Retirement - No Automatic Termination Of Spousal Support Payments

When separation and divorce issues such as spousal support are settled through written agreement or court order, they're not easily changed. If there was no pre-set provision for a periodic review and ex-spouses can't agree on an amendment, going to court is the only other option. With baby boomers now in or near retirement and grey divorce on the rise, aging ex-spouses may assume that retirement may provide relief or escape from paying up. In Ontario, such an assumption is risky.

Holdover Clauses - When No-Deal Still Means Paying Commission

When a real estate broker and client enter a formal relationship, the parties typically seal the arrangement by signing a written contract. Whether it's a Listing Agreement for sellers or a Buyer Representation Agreement for buyers, the client is looking to land a deal. But sometimes that doesn't happen during the time period covered by the contract. Yet even after the agreement expires, a client could still be on the hook for paying a brokerage commission. How? Through something called a holdover clause.

Consumer Protection: The Cooling Off Period In Real Estate

Under Ontario consumer protection law, certain contracts come with a cooling off period. During this limited time, a purchaser can cancel for any or no reason and receive a refund. The period applies to gym memberships, door-to-door sales and a handful of other contract types. Our post this week looks at the one real estate scenario in which a cooling off period applies. We'll also review other areas in which real estate market participants must proceed without the benefit of this type of consumer protection.

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  • Quinn Ross Takes Office As President Of The Ontario Bar Association

    The Ontario Bar Association (OBA) is pleased to announce Quinn Ross as the 83rd President of the OBA.

    Ross, Managing Partner of The Ross Firm, with offices in Goderich, Kincardine and Stratford, has been an active member in senior roles on the OBA board since 2012.

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  • Ross Firm Golf Tourney In Support of Huron Women’s Shelter a Swinging Success

    On behalf of the Huron Women’s Shelter and The Ross Firm P.C., we say “THANK YOU” to our many Sponsors and Donators for their outpouring of generosity and support for the annual Take a Swing Against Violence Golf Tournament held at Goderich Sunset Golf Club.

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  • Who needs a Will? You do!

    Our guests can explain why. Are you single and renting? A new Family? Or Homeowner? Enjoying your Golden Years? We all need a Will and our guest speakers will show you the why and the way.

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  • Take a Swing Against Violence

    On June 21, 2017, the Huron Women’s Shelter Second Stage Housing and Counselling Services, Board of Directors and The Ross Firm will be hosting the Taking a Swing Against Violence golf tournament at the Goderich Sunset Golf Course.

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