Robertson Stromberg ranked by Chambers Canada

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Leslie Prosser Q.C., Melvin A. Gerspacher, Q.C., and Christopher J.H. Donald, Q.C. have been recognized by Chambers Canada as reliable and effective lawyers in the area of Corporate
Commercial Law
. Congratulations!

Summary Judgment in Family Law Proceedings: Where Are We Now?

Summary Judgement in Family Law Proceedings: Where Are We Now? (CPD 259)

Join Sean Sinclair (Robertson Stromberg) for this informative discussion about summary judgment in family law proceedings. The “new Rules of Court” were introduced with considerable fanfare and with the potential to assist litigants seeking timely and cost-effective access to justice. Among the changes was the development of a summary judgment procedure to avoid the needless expense and time of a trial. In the family law realm, the summary judgment process was potentially a tool to allow families to obtain affordable judicial finality. At the now seven year mark of the introduction of the “new Rules”, this webinar will explore the reported cases and developments regarding summary judgment in family law proceedings with an eye on whether the summary judgment process has been successful in promoting timely and cost-effective access to justice.

September 15 (Online) | 12:00 – 1:00 PM

Qualifies for 1 CPD Hour

Why Do I Need a Will?

A commonly asked question is why do I need a will? Your will sets out what is to happen to your assets (more commonly known as your estate) when you pass away. If you pass away without a will then your estate falls into what is called intestacy. An intestate estate puts more strain and stress on your loved ones as they will first have to all agree upon and determine who will administer the estate and then do so in the absence of a formal will.

Administering an intestate estate often involves more steps than one with a will and also makes the estate subject to The Intestate Succession Act, 2019 (the “Act”) for determining who stands to benefit from your estate. The Act not only sets out who is to benefit from your estate but also in what proportions, regardless of what you may have otherwise wanted. Having a proper will therefore not only makes it easier to obtain letters probate from the court but also control who is to benefit from your estate and in what way. Failure to have a properly drafted will can also lead to more conflict and expense as loved ones argue over what they believe your testamentary intentions were.

Having a properly drafted and executed will is beneficial for your loved ones to ensure that your intentions are met, and they are looked after. A properly done up will along with appropriate estate planning can also save your estate money, ultimately leaving more for your loved ones. It can also assist them sooner in ensuring your assets from your estate flow to them in a more expeditious manner.

For more information on having your will prepared or estate planning, please contact Ben Parsonson at b.parsonson@rslaw.com or at 306-933-1353.

Using home inspectors as insurance for a home purchase- Think again

For many people buying a new home is one of the most significant financial decisions they will make in their life. To safeguard this investment, many people choose to hire home inspectors. What happens when a home inspector misses something was the subject of a recent case in Saskatchewan known as Smith v Hawryliw.

In this case extensive mould and fire damage was discovered in a home months after the buyer had moved in. As the buyer had retained a home inspector prior to purchasing the property, the home inspector was sued. In defending the claim, the home inspector relied on a limitation of liability clause that was contained within the Home Inspection Agreement. This clause limited the home inspector’s liability to the amount paid by the buyer for the home inspector’s services. In arguing that this limitation clause should not apply, the buyer claimed that the home inspector had an obligation to bring the clause specifically to her attention before she signed the agreement. The judge, however, rejected this argument holding that the clause was written in plain language and was right above the buyer’s signature line on the agreement.

As the fee for a home inspection will often amount to only a few hundred dollars, any type of clause that limits a home inspector’s liability to the amount of its fee will significantly impact a buyer’s ability to recover costs expended to repair items that were missed during a home inspection. Given this, a home inspector should not typically be looked to as “insurance” on a home purchase. Rather, if a buyer has serious concerns or reservations about purchasing a home, especially with things like a home’s foundation or structure, other professionals (ex. engineers) should be looked to for assistance instead.

For more information, please contact Jared D. Epp at 306.933.1326 or email j.epp@rslaw.com 

 

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