According to the Family Law Act in Ontario, a husband and wife are entitled to a claim to half of the increase in their spouse’s property accumulated during the marriage (between the date of marriage and date of separation). This is true whether the property is owned jointly or whether…
News & Resources
Remembering David Charles (1950-2016)
On May 7th, Kelly Santini lost a dear friend, mentor and partner. David Charles was a stalwart of Ottawa’s legal community for forty years and we were honoured to have him as our partner. His skills as a lawyer, warmth and wonderful sense of humour will be greatly missed by…
Kelly Santini in Assent Compliance’s Corner for $20M VC Funding
Kelly Santini LLP’s Bob Ford and Michael Leaver (with support from articling student Kristina Kangi) advised Assent Compliance on its recent $20M venture capital funding. The Ottawa-based technology company provides compliance software and data management solutions to leading clients, including S&P 500 companies. For more information on the deal, please…
Unusually High Sensitivity Leads to Dismissal of Nuisance Claim
Stephen Appotive and Crystal Schulz successfully represented the defendants in Powell v Dowsley 2016 ONSC 1951 when the plaintiffs sued for damages of $350,000 for loss of enjoyment from the property. The defendants had installed an outdoor wood burning furnace to heat their home. The plaintiffs claimed that smoke from…
Sufficient Knowledge of Facts Enough to Start Limitation Period
Brown v. Wahl, 2015 ONCA 778 This is an appeal from the summary judgment granted by a motion judge dismissing the appellant’s negligence action against the respondents on the basis that it was statute-barred by operation of the 2-year limitation period established by s.4 of the Limitations Act¸ 2002, S.)….
Chain Reactions: Determining the Availability of Transfer of Loss
State Farm v Old Republic Insurance, 2015 ONCA 699 A heavy commercial truck rear-ended a car stopped near an intersection and the impact caused that car to rear-end the vehicle in front of it. All three vehicles were in the same lane and travelling in the same direction. The driver…
Estate Freezes, Capital Gains and Business Shares
When first creating a corporation, it is common place to implement a simple share structure with only one class of shares called “common shares”. The value of the common shares will grow as the company grows in value – this is an important aspect to remember to properly time an…
House Flipping, Real Estate Agents and Disclosure Requirements
A sales technique dubbed “shadow flipping” was recently exposed by the Globe and Mail in British Columbia. Shadow flipping can be done by anyone, but its exploitation by realtors specifically is creating uproar in the real estate industry. Essentially, shadow flipping creates a mechanism whereby realtors are able to collect…