We know you have a million questions.

Let us help you out with the ones we get asked all the time. Please reach out to us with any others you may have.

1.

Maybe.  Although they are completely different documents, many people confuse them.  While your will is effective only AFTER your death, a power of attorney is effective only BEFORE your death.  We know you will die, so your will will be useful someday.  You may never become incapacitated or otherwise require a power of attorney, so perhaps you will never “need” one.  But if you ever do, and you don’t have one, your life will get complicated.  Ask us about the details.

2.

‘Fraid so. Depending on what jurisdiction the claim was filed in (Small Claims Court vs. Superior Court), you will have a set number of days to respond (i.e. file a defence). Even if you think the claim is 100% bogus, you must respond to avoid judgment being signed against you in default.  We can help guide you on next steps. 

3.

Your organization is now regulated by Ontario’s new Not-for-Profit Corporations Act. Don’t panic - you have until October 19, 2024, to comply with the new law – but don’t leave it till September 2024.  Broadly speaking, this will involve amending your By-laws and your letters patent (or Articles of Incorporation) to conform to the new law.

4.

Good question – you have a few, depending in large part on the purposes for this prospective new company and your financial situation.  For example, is it to make money, reduce taxes, offer a charitable service, or create an association for your pickle-ball league?  Whatever, we can aim you in the right direction and assist you with setting up your new company.

5.

Yeah, we get that a lot.  It depends.  Was the dishwasher working when you signed the offer?  (Yes, we know, who tests a dishwasher when they buy a house?)  Was it working on the closing date but failed that evening?  What is the nature of the failure, and did the seller know about it?  What is the cost of the repair?  What will it cost to sue the seller for reimbursement of that cost?  How much of the cost of that lawsuit will the seller be liable for, if any?  How long will that take?  Even if you succeed in your claim, how likely is it that the seller will pay it, and how long will that take?  So yes, it depends – we’ll discuss your options with you and you can decide how you wish to proceed, but we won’t advise you to engage in an expensive course of action without some likelihood of a satisfactory result.

6.

What, a lawyer joke?  Seriously?  Like you think there’s one we haven’t heard?

7.

Sure.  Subject to the usual applicable zoning and other regulations, you can sever off the farmland and keep your house.  There’s a fair bit of work involved – you’ll likely need a surveyor, and maybe a planner – but we can help you co-ordinate all that and, since we assume you’re probably not driving, we can meet with you at your home to sign stuff.

8.

Clearly, your neighbour is not a lawyer.  Ontario law prescribes how your estate will be distributed in the event you die without a will.  In simple terms, it will be divided among your nearest next-of-kin, as defined.  Only if you’re the last surviving member of your family that can be found on this planet will your estate “escheat”, as we say, to the Crown.  That is not to say you shouldn’t have a will – you should – but its usefulness goes far beyond keeping your estate out of the grasp of The Government.

9.

Congratulations on your purchase.  Take a deep breath, send us the document (we’ve seen hundreds of them) and we’ll get back to you to summarize it and field any other specific questions you have.

10.

Not really, but be aware you might be liable to pay withholding tax on the sale price of your Ottawa home.  The sum to be withheld pending settlement of your tax account is 25% of the sale price (not of the equity so, for example, if you sell for $800,000 and plan to pay off the mortgage of $700,000 when the sale closes, you will have to PAY $100,000 on closing to cover that liability).  Ask us – we’ll explain.

11.

Certainly.  We can help you draft your will accordingly, OR … we might advise you to consult a Quebec notary to prepare a separate will in Quebec.  You may have more than one will – some estate planning strategies suggest separate wills for assets in different jurisdictions, or for specific assets such as shares in a private business corporation.  We’ll walk you through the pros and cons of all the options.

Thread Image

Disclaimer

The material we provide on the site is for your information only and does not constitute legal advice or legal opinions. As well, sending an e-mail to our office does not create a solicitor-client relationship. To do so, you must speak with the lawyer directly regarding the details of the retainer and both you and the lawyer must agree to the relationship. We also strongly advise against sending any confidential or privileged information to us until you have established such a solicitor-client relationship.