What Happens If You’ve Delayed In Bringing a Court Claim?

What Happens If You’ve Delayed In Bringing a Court Claim?

Generally speaking, any party that wants to initiate a court action must do it within a couple of years when he/she first becomes aware of the existence of the claim. This period is called the limitation period and there are many considerations that define when a limitation period commences for a particular claim. Many times you may be dealing with a problem with your landlord or a neighbour or your workplace. Sometimes the issue is so small and at a nascent stage that many individuals wait quite some time before they decide to take legal recourse to initiate action and seek a remedy. At such times, a court may or may not grant you the permission to bring in a claim. For instance, in the case of Presley v Van Dusen, 2019 ONCA 66, the Ontario Court of Appeal recently confirmed that for the limitation period to commence, one of the key considerations that must be asked is whether or not a legal proceeding is really an appropriate means to seek to remedy the injury, loss, or damage?

It is quite common for people to suffer an issue long before they opt for the legal route. Typically, in this Presley v Van Dusen case, the claim for a defective septic system was filed in August 2015, although the homeowners had already started noticing problems with the septic tank in the spring of 2011 itself. In this particular case, the Small Claims Court judge dismissed the claims stating that the claim was started too late after the problem was first noticed. Even after an appeal against this dismissal was made in the Divisional Court, the homeowners did not get the solicited remedy as this court too agreed with the decision of the Small Claims Court judge. Unfortunately, neither courts acknowledged that it was only after trying for a long time to get the problem fixed, the homeowners realized that a legal proceeding was the only way left to address their issue.

From the Court of Appeal’s point of view, one important aspect of this case was that the septic installer kept providing ongoing guidance and feedback to the homeowners for solving the problem. Moreover, he also promised that he would be returning to the home to fix the issue and due to this manifestation of intent, the homeowners probably did not take the legal recourse sooner.

The Court of Appeal found that the homeowners did not know that filing a claim would be an appropriate means of seeking a remedy till they were convinced that the septic installer was not intending to follow through on his promises.

In conclusion, the law respecting limitation periods needs to be applied in a way as to deter needless litigation. However, having said that it is extremely important to regard the timing of the issue when it comes to filing a claim. Typically, a two year limitation period needs to be taken into consideration. If you are thinking about filing a claim and are not sure whether it is too late for filing one or are interested to know your legal alternatives, talk to a qualified and experienced lawyer from Verhaeghe Law Office. Their team of best civil lawyers in Edmonton can provide sound legal advice on any civil, immigration and or for defence in any court-related matter.

Effective Strategies For Purchasing A Business

Effective Strategies For Purchasing A Business

For an existing owner selling a business, their main concern is how they can maximize the sale price for their business.

On the other side, when buying a business, the main concern is how you can ensure that you will generate as much or even more profit in the future if you buy this business.

You need to advise the seller on useful and meaningful disclosure. The buyer needs to know that all liabilities and advantages have been assessed and disclosed to feel confident about the purchase.

Verhaeghe Law Office has served a wide assortment of clients with support and advice about multiple issues involved in the sale and purchase of businesses, including:

● Drafting a share purchase or asset agreement
● Verifying the data for the estimation of a fair purchase price
● Writing warranties and representations that are to be made by the seller
● Drafting payments of the seller
● Drafting non-solicitation and non-compete articles for departing owners
● Conducting agreements between the buyer and the seller
● Drafting sufficient financing for the sum of the purchase price
Exceeding Client Expectations
In addition to determining whether the purchase price is reasonable, we draw on our expertise to look at the due diligence information submitted by the seller. We help our clients answer questions such as:

● What are the limitations that the buyer will have when trying higher profits in the future?
● Which permits are required?
● Who are the central employees, and will they remain after the conclusion of the transaction?
● What intellectual property does the seller have, and can the buyer use it?
● Do we own or have a licence to use their software?
● What about enhancements and upgrades to software and software code? Are there trademarks, patents, or other corporate know-how that we will need to obtain?

Careful due diligence is necessary when acquiring a business. Our lawyers combine their understanding of our different practice areas to help our clients. We negotiate the terms in a purchase agreement to protect our client's investment.
Effective Completion Of Transactions
Purchasers of businesses want to close their transaction as soon as possible, and on the best terms. Our knowledge of business, regulatory, and tax issues combined with our litigation experience gives our clients the information they need to acquire a business without fault.

We can efficiently meet the concerns and needs of our clients when purchasing a business. Our lawyers move matters economically and accurately throughout the sales process. We also save labour and time through our team of law clerks and paralegals and to complete the appropriate tasks accordingly.

If you are in the midst of selling or buying a business, contact the legal team at Verhaeghe Law Office. Our experienced and knowledgeable lawyers based in Edmonton will make sure the acquisition or sale of your company meets all legal requirements.

6 Things to do Before Filing for Divorce

6 Things to do Before Filing for Divorce

Going through a divorce can be emotionally straining on all parties involved. To help prepare you for this difficult journey, here are seven things you need to do before you file for divorce.

Your Financial Situation
What you own versus what you owe. During an ideal divorce settlement, you and your spouse are trying to equally divide up marital assets and debts. To do that, the two of you need to determine all obvious (house, car, accounts) and non-obvious (possible inheritance, pension plans and so on) assets. Then figure out any and all debts regardless of whose name is on it.

Collect Proof of Income
If you and your spouse are paid through salaries, your last pay statement and recent income tax return is all the proof of income you’ll need. If either of you are self-employed, you’ll need to provide the courts with both bank account and financial business statements so they’ll have a clear understanding of your financial situation.

Post-Divorce Budget
This is where you start to plan out your life after your divorce has been finalized. Hopefully, by now, you understand what it takes to run a household and keep yourself afloat. Whether you have children or are on your own, it’s important to break down exactly what you’ll be able to afford. Determine what your top priorities will be in your new life while your divorce is still in process.

Establish Self Credit
For your own success, it’s always good to have a credit card in your name, especially when going through a divorce. You can build up a good score that will allow you to easily be approved for a car or home. This would be difficult if you only had a shared credit score that your partner wasn’t as interested in keeping up as you were.

Deal with Joint Accounts
If you fear your spouse may clear out your joint financial accounts out of anger, talk to your lawyer about it. They’ll most likely instruct you to open your own account and deposit half of the funds from your joint accounts. Be open and smart about this choice, as it can come back to bite you if you start spending foolishly.

Don’t forget to close joint credit accounts as well. Do this before the divorce proceeds to prevent an angry spouse from running up your credit card bills. Pay off whatever credit balance you have, or talk to a creditor. If neither of these is possible, freeze the accounts so neither party can access the account until the divorce is final. By then, whoever the court has chosen to deal with debt will be responsible for paying it off.

Behave Yourself
When going through a divorce, you need to be on your best behaviour, especially if your fighting for custody of your children. Be a good parent, be respectful of your spouse and don’t give their lawyers anything that could ruin your half of the settlement. Work on taking care of yourself physically and emotionally so you and your family can get through this situation.

At Edmonton’s Verhaeghe Law Office, our expert lawyers are dedicated to providing the best advice and service for our clients. If you have a civil, criminal, family or other legal cases, call or visit our website https://freedomlaw.ca/.

Mistakes People Make When Hiring a Personal Injury Lawyer

Mistakes People Make When Hiring a Personal Injury Lawyer

After you receive treatment for injuries you sustain from an accident, your next call should be to a personal injury lawyer. Without legal representation, you could miss out on financial compensation you are entitled to. This compensation is critical to paying for medical care and other support for yourself and your family. Not all personal injury practices are the same, and neither are their lawyers. Here are the most common mistakes to avoid when choosing a personal injury lawyer:

Hiring a lawyer with little experience
Personal injury law is a specialized field, and you should be sure to select a lawyer that can represent you at the highest level. Your case will not go well if a well-seasoned lawyer is representing the other side, and a rookie is representing you. Experience and quality go hand in hand, so you will not get far with a lawyer that has less of a track record of success. You cannot gain experience as a lawyer - you must earn it, and an experienced personal injury lawyer will have proven their mettle over time.

Hiring a lawyer with hidden fees
The cost of an attorney should be upfront and easy to understand. Any firm or lawyer that tries to hide their fees does not have your best interests at heart. The last thing you need to be thinking about after suffering a severe injury is surprise expenses. Make sure the lawyer you retain is forthcoming about how their fees are structured.

Paying too little or too much
The cost of losing your case can be higher than the cost of the legal fees. Be prepared to pay for the best legal representation or risk losing it all. Successful personal injury lawyers do not earn most of their fee unless they win their cases. Your lawyer should always represent your best interests, but investing more money in them can give them extra motivation. It also proves that you have faith in their ability to win your case. Do not balk at a higher fee because it means your attorney has confidence in your case and is willing to put in that much more work to ensure you win.

Picking someone you do not like
You should not retain a lawyer that you do not feel comfortable with. This does not mean you need to want to be best friends with your lawyer, but you should feel confident in their abilities. Your case rests on you being comfortable enough to tell your lawyer everything, honestly and openly. If you do not feel confident telling them every detail, then they are not the right lawyer for you. Your lawyer should answer any questions you have and keep you informed on a regular basis. Lawsuits are complicated and frustrating, and even more so if your lawyer does not keep you informed.

Using a trial-shy lawyer
Most personal injury cases do not go to trial because it is often in the best interests of both parties to settle. That being said, the lawyer you choose should not be afraid of appearing before a courtroom. A lawyer who is confident about their abilities to win a trial will give you more negotiating power should your case go to trial.

Hiring the right lawyer is the difference between winning and losing your case. Do not get yourself unjustly buried in a mountain of debt - call Verhaeghe Law Office today.

Legal Pros and Cons of Joint Ventures

Legal Pros and Cons of Joint Ventures

Legal Pros and Cons of Joint Ventures



The decision to sign onto a joint venture agreement is both exciting and daunting. On the one hand, joining two or more companies could lead to the creation of something truly innovative, but it could also lead to severe conflicts of interest. Consider this information before making such a commitment.

First, be aware of the difference between a joint venture agreement and a partnership agreement as many people confuse the two. A joint venture agreement involves two or more companies that come together with a specific goal in mind. They each keep their business or entity during the contract. A partnership agreement relates to the ongoing relationship between two or more parties. Everyone takes responsibility for everyone else's actions, and each side shares the profits and risks associated with the business. Partnerships are continuing business ties while joint ventures tend to be goal specific and terminate once those objectives are achieved. There is more to lose with a partnership agreement, which is why most companies sign a joint venture agreement instead.

To ensure a joint venture is successful and productive, it is essential to start with fair and transparent guidelines. These are the criteria that should be included in a joint venture contract:

  1. Obligations of all parties
  2. Percentage of profits and losses shared
  3. Level of control of all parties
  4. Outline of decision-making processes and all parties authority on matters
  5. The share of supply and collaterals
  6. The percentage of capital investment
  7. Type and period of payment
  8. Source and type of insurance
  9. Mode of dispute resolution

A joint venture contract can take on several forms and so the legal concerns for a venture will depend largely on the medium used to build the project. At the most basic level, a joint venture will require that you establish a separate legal entity. All parties hold investments in the entity, and the entity holds its own assets, allowing it to sue and be sued through its own name. Most joint ventures are companies or relationships between participants such as trusts, partnerships, or other types of association.

Once you become familiar with the components of a joint venture agreement, you can start to consider whether the benefits outweigh the risks for your particular enterprise.

Pros

  1. Provides the opportunity to invest in new partners and broaden each companies market prospects
  2. Liability is equally shared, reducing the level of risk
  3. All parties get access to diverse resources
  4. The contract is flexible as its term is limited
  5. Coming together for mutually beneficial goals
  6. Can complete a project that may otherwise be impossible individually
  7. Increased growth opportunities

Cons

  1. Adapt to other work arrangements, workplace cultures, and management styles
  2. Poor decisions could lead to poor results
  3. Lack of commitment from any parties to the project
  4. Lack of clarity of obligations
  5. Ineffective conflict resolution

Most of the risks associated with joint venture agreements can be mitigated with a thorough contract. Book an appointment with our experienced law firm to get personalized information about joint venture agreements. We can help you draft a fair agreement that covers every contingency.

5 Tips to prepare for divorce mediation

We must admit that divorces can become the most challenging event in our lives. Relationships of many partners sore beyond the point of negotiations and the legal courts have to step in to make all their decisions. Here is a valuable piece of advice, make full use of the mediation process if possible. Mediation aims to help former spouses draw a thorough plan pertaining all components that will be affected by the divorce.
Say Yes to Mediate

You are parting ways with your partner however you must recognize the significant amount of time you both have spent together. Come to the table with the intent of making effective decisions.

Mediation is not a way of resolving personal issues between you and your partner. Instead, it is a method of making sound decisions regarding the division of assets and responsibilities, due to those conflicts. Mediation requires both partners to arrive at site voluntarily and have an honest conversation.

Make a Checklist

A mediator can expertly assist you in discussing all relevant issues and concerns. Meanwhile, a checklist that includes every component you want to cover will significantly help the cause of your mediator.

Begin the list by jotting down all your belongings such as:
• Vehicles
• Real estate property
• Insurances
• Personal assets
• Credit cards
• Stocks and financial commodities

Lastly, list all your income sources and regular expenses to effectively evaluate and manage the implications of divorce.

Understand Your Needs

Ensure a complete comprehension of your priorities before you sit down for a session of negotiations with your former partner and mediator. Make a second list of assets that you would prefer to own after the divorce. Secondly, list all items that you are resolutely unwilling to let go. Your priorities and negotiation terms may alter during the mediation process, so keep an open mind.

Consider The Kids
Spouses decide on getting a divorce, but their children get equally affected. Both parents must assist their children in effectively tackling the transformation by speaking to them collectively. First and foremost, talk to your former partner and come up with a tactic to handle all the questions and concerns of your children.

Make sure that all your explanations create a positive atmosphere for your children. Steadily walk them through all the changes that will occur in their lives and how you will firmly handle them.

Verhaeghe Law Office

Divorce usually accompanies a great deal of stress and turmoil. Compassionate and knowledgeable mediators can help you and your partner reach reasonable consensuses on the financial and emotional fronts.

Professionals at Verhaeghe Law Office firmly believe that “family comes first” and equip you with all the necessary support to ensure that your interests are well protected. Our family law services oversee matters of child custody, spousal support, child support, no-fault divorces, visitation rights, asset allocations, separations, and numerous other dealings of family law.

Our family lawyers in Edmonton offer you much-needed peace of mind and excellent legal course of action. Visit www.freedomlaw.ca and get in touch with us today!