Dear Clients, On behalf of the lawyers and employees of Ferguson Deacon Taws LLP, we would like to start by letting all those being affected by COVID – 19 know that you are in our thoughts during this unprecedented time. Ferguson Deacon Taws LLP has initiated its...
Jennifer Goldsmith
Marley v Salga and the Impact of Severing Joint Tenancy Though a Will – Written by Zachary Thiffault
Property can be held as joint tenants or tenants in common and this will determine how the property is divided when one party dies. Under joint tenancy, when one person dies the survivor automatically becomes the owner of the whole property. However, tenants in common...
Children Conceived After Death and Inheritance – Written by Zachary Thiffault
The laws governing inheritance are among the oldest elements of the common law system, and as with most areas of law, meshing these centuries old standards with modern realities is a slow process. Questions of inheritance are impacted by many factors; is there a Will,...
What Happens When You Log Out For The Last Time? -Written by Zachary Thiffault
For better or worse, social media has become a key way in which we express ourselves, sharing our joys, accomplishments, and grief. With kids, parents, grandparents, and yes even great-grandparents (Hi Grandma Babs!) using social media sites like Facebook and...
Small Claims Court Changes- Written by Helen Field
The Ontario Government has announced that effective January 1, 2020, the province’s Small Claims Court’s monetary limited will increase from $25,000.00 to $35,000.00. This exciting development affords more civil litigants a less time consuming and economical option...
Can I Draft My Own Will?!?!
There is a well-known case that is read by most law students during law school which relates to hand written Wills also known as Holograph Wills. In 1948, Cecil Geo Harris, as Saskatchewan farmer, was pinned underneath his tractor. While he was trapped, he used a...
A Back to School Message From FDTLaw
It’s almost back to school season and school days bring congestion. Children are walking to and from school, kids are on their bikes hurrying to class and buses are picking up their passengers. The Canadian Safety Council has some excellent safety tips to share with...
You Won’t Be-Leaf This Case!
Boundary line disputes are common in the realm of Real Estate law and the case of Allen v. MacDougall, 2019 is no exception. The parties shared something in common, a tree that straddled the boundary line of their adjoining lands. The Forestry Act states “every tree...
Land Transfer Tax and First-Time Home Buyers
Who Pays Land Transfer Tax? When you acquire land or beneficial interest land, you will pay land transfer tax to the province when it closes. Land transfer tax is normally based on the amount paid for the land, in addition to the amount remaining on any mortgage or...
Stuart v Stuart, 2019 ONSC
Interpreting a Will can be tricky. Certain words, phrases or clauses can be interpreted differently by different people and sometimes the Court needs to step in to provide the proper interpretation of same. In the case of Stuart v Stuart, the Court was asked to assist...
