Posts by techally
Ask a Lawyer – “I signed a domestic contract with my ex-spouse. Can I claim more support or more property than the domestic contract says I can?”
The short answer is – possibly. Domestic contracts are agreements that govern the parties’ rights and obligations under family law – such as the ability to claim support or apply for division of property. Domestic contracts include separation agreements, prenuptial agreements, marriage contracts, and so forth. Generally, the courts say that domestic contracts cannot be…
Read MoreAsk A Lawyer – “When a person dies, who gets to choose the manner of burial and funeral arrangements?”
A death of a loved one is stressful enough. Worse still if the living cannot agree on what to do with the body. Given the cultural significance of funeral and mourning rites, it is possible for funeral arrangements to become a source of contention. Should the body be buried, or cremated? If buried, where should…
Read MoreAsk a Lawyer – “What is a mutual will and why would I want one?”
It is common for spouses to make “mirror” wills, leaving their property to each other, with the provision that the property will go to agreed-upon beneficiaries (such as the children) after both pass away. However, nothing legally prevents one of the spouses from secretly changing their will – before or after the other spouse’s death…
Read MoreAsk a Lawyer – “My engagement fell through. Can I sue to get the engagement ring back?”
Traditionally, engagements gave rise to various legal – not just social or moral – obligations. For example, a woman could sue her faithless fiancé and obtain money damages for her injured feelings and mental distress resultant from his breach of the promise to marry. No equivalent cause of action was available to a man, though.…
Read MoreAsk a Lawyer – “Can a party host be held responsible if a guest gets drunk and injures someone as a result?”
It is uncontroversial that a commercial host (someone who is paid to serve alcohol) can be held responsible if their drunken guests injure themselves and others. This is a default legal rule. For example, if a bar over-serves a customer, and the customer then drives drunk and injures someone, the victim can sue the bar…
Read MoreAsk a Lawyer – “What is a Power of Attorney and what are my duties if I am appointed under a Power of Attorney?”
A Power of Attorney is a document which grants one person (called the “Attorney”) the power to make personal care/medical decisions and/or financial/property-related decisions on behalf of another person (called the “Grantor”). Powers of Attorney can take effective immediately or on a specified date. However, they are often set up to be used when a…
Read MoreAsk a Lawyer – “How does the new Divorce Act change my ability to relocate with my child?”
Under the new Divorce Act, divorced parents (or parents in the middle of divorce proceedings) are subject to different requirements when they want to relocate. First, the term ‘relocation’ has a legal meaning that is more than merely moving. Relocation in a family law context is a change in the child’s residence that is likely…
Read MoreAsk a Lawyer – “When can a police officer demand that I take a breathalyzer test?”
The current Criminal Code of Canada gives broad discretion to peace officers, including police officers, to demand that a person take a breathalyzer test, including but not limited to the following situations: The officer has reasonable grounds to suspect that the person has some amount of alcohol or drugs in their body and that the…
Read MoreAsk a Lawyer – “Can I trim the branches of my neighbour’s tree if they overhang onto my property?”
A property owner has the right to trim branches or other parts of a neighbour’s trees which overhang or encroach onto his own property. This is considered the right to ‘self-help’ and is a remedy to the potential nuisance caused by the encroachment. There are limits to this right, and a property owner may not…
Read MoreAsk A Lawyer – “Can my child’s other parent deny me parenting time because of COVID-19?”
Although the Government of New Brunswick directives for COVID-19 change at a rapid pace, the messaging around parenting time with children has remained the same: it is still a priority. It is a child’s right to have time with both parents as much as possible and to the extent that it is in their best…
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