In 1979, the American disco group, Sister Sledge, sang, “We Are Family. I got all my sisters with me.” By contrast, under both Canadian and U.S. immigration law, determining who is a family member that can achieve an immigration status based upon a family relationship can prove challenging. The … [Read more...]
The Growth of Green Building
Even if you’re not directly involved in the construction industry, chances are good you’ve heard in recent years about a renewed interest in more environmentally sustainable buildings. Since the 1990s, there has been new attention given to “green” approaches to design and construction, resulting in … [Read more...]
Your Principal Residence and Taxes
Capital gains have been subject to taxation in Canada since 1972. At present, only half of any capital gain is included in income.While this includes property such as real estate, most Canadians are aware that there is a “principal residence exemption”, and believe gains on their home will not … [Read more...]
No Trespassers Allowed
At law, the term "trespass" encompasses much more than individuals creeping onto their neighbour's property without permission.The act of "trespassing" is often conceptualized as one person setting foot on another person's land without their consent. "Get off my property, you're TRESPASSING!" is a … [Read more...]
Expropriating Land: A Balancing Act
Introduction The somewhat foreboding term “expropriation” in Canada describes the right of the government (the Crown or one of its agencies) to legally take real property (land), that is in private hands and apply it for a greater public use or benefit. This concept is called “compulsory purchase” … [Read more...]
Juvenile Justice in Namibia: A country and system in transition
Namibia is located on the west side and in sub-Saharan Africa. It is the fourth largest country in Africa but, as of 2011, had a scant population of around 2.3 million inhabitants. It is a country of stark contrasts, perhaps largely due to the fact that Namibia is arid and has limited capacity to … [Read more...]
What’s in a Name? Legal Issues in Changing a Child’s Name
What’s in a name? That which we call a rose by any other name would smell as sweet. – Romeo and JulietJuliet might have made a convincing argument to dismiss the importance of the label of the name, yet most people see their names as being directly connected with the people that they are. It … [Read more...]
The Tax Implications of Marital Breakdown
Breaking Up is Hard to Do The breakdown of a relationship creates sufficient personal upheaval that it is unreasonable to throw in the myriad legal implications that also result. Unfortunately, the law is not always reasonable. And, the tax provisions applicable to matrimonial breakup add further … [Read more...]
Common Immigration Mistakes that Canadian Citizens Make When Marrying U.S. Citizens
In 1970 the iconic Canadian rock band, The Guess Who, released their hit single, American Woman. In it, they warned fellow Canadians, “American woman, stay away from me.” Despite their plea, countless Canadian citizens have found love across the Southern border. Each year, large numbers of Canadians … [Read more...]
Nickel Shower: An Environmental Class Action
Introduction The recent Smith v. Inco Limited case is the first Canadian environmental class action lawsuit to proceed through a trial and appeal. It shows how the courts mediate between the interests of industry and of private landowners.Inco refined nickel near the small southern Ontario city … [Read more...]
