A Nova Scotia Real Estate Lawyer Has Your Guide to Purchasing Property

Purchasing real estate is an exciting endeavor, but it's crucial to understand the legal landscape to navigate the process smoothly. From understanding property rights to ensuring a clear title, Nova Scotia Real Estate Lawyer, Jennifer Chiasson at Lenehan Musgrave LLP will play an important role in protecting your interests as a buyer. In this brief overview, we'll highlight some of the essential legal considerations when purchasing property in Nova Scotia.

The Agreement of Purchase and Sale

The foundation of any real estate transaction is the contractual agreement between the buyer and seller. In Nova Scotia, offers to purchase are typically presented using standard forms provided by the Nova Scotia Real Estate Commission. Your Realtor will assist you in negotiating the terms of the Agreement and preparing the appropriate documents.  These agreements outline key terms such as the purchase price, deposit amount, closing date, and any conditions that must be met before the sale can proceed. It's crucial to review these agreements carefully and seek legal advice if needed to ensure your interests are protected.  The real estate lawyer review condition gives your lawyer time to review the contract and ensure your interests are protected.

Due Diligence

Conducting due diligence is a critical step in the real estate purchasing process, allowing buyers to uncover any potential issues or risks associated with the property. This may include obtaining a property survey to verify boundaries, conducting a title search to ensure clear ownership, and inspecting the property for structural defects or environmental concerns. Working with a qualified real estate lawyer can help ensure that due diligence surrounding title is completed thoroughly and effectively. When reviewing title, your lawyer will be looking for things such as liens, easements effecting the property or restrictive covenants that could impact your intended use of the property.  You will work with other professionals such as your mortgage broker and home inspector to ensure other conditions are satisfied. 

Title Insurance

Title insurance provides protection against losses arising from defects in the title of the property. Obtaining title insurance is a common practice to safeguard against risks such as unknown liens, encroachments, or legal disputes. While title insurance is not mandatory, it offers peace of mind to both buyers and lenders by providing financial protection against unforeseen title issues that may arise after the purchase.

Closing Process

The closing process is the final step in completing your real estate transaction. On closing day, funds are exchanged, and legal ownership of the property is transferred from the seller to the buyer. Your real estate lawyer will oversee the closing process, ensuring that all legal requirements are met, and facilitating the transfer of keys and possession of the property. It's essential to be prepared for closing costs, which may include legal fees, land transfer taxes, and other miscellaneous expenses.

Navigating the legal aspects of purchasing real estate in Nova Scotia requires diligence, attention to detail, and expert guidance. By understanding property rights, reviewing contractual agreements, conducting due diligence, obtaining title insurance, and completing the closing process, buyers can confidently navigate the complexities of the real estate market. 

With the guidance of our experienced real estate practitioner at Lenehan Musgrave LLP, you can rest assured that the process of purchasing property in Nova Scotia can be a rewarding and fulfilling experience for all parties involved. Book an initial consultation below or call 902-466-2200 to talk to our real estate lawyers about all your residential and commercial real estate needs.

Jennifer Chiasson Joins Lenehan Musgrave LLP

Lenehan Musgrave Law is excited to announce that Jennifer Chiasson has joined the firm as our newest Associate Lawyer as of April 2024. Jennifer brings more than 10 years of general practice experience in the areas of family law, small business, real estate, and estate planning.

Jennifer is a practicing member of the Nova Scotia Barristers’ Society, as well as a member of the Canadian Bar Association, and the Real Estate Lawyers Association of Nova Scotia.

Her diverse practice experience expands Lenehan Musgrave’s overall service offerings to additional areas that complement our existing Family Law services.

You can reach Jennifer at (902) 466-2200 or at jennifer@lenehanmusgravelaw.ca

View Jennifer’s BIO

Congratulations and Well Wishes to Noelle Yhard!

The lawyers and staff at Lenehan Musgrave LLP offer well wishes to Noelle Yhard, an associate with the firm, as she leaves for an eight (8) month maternity leave. Commencing December 14th, 2023, Noelle will be moving to “non-practicing” status until she returns to the firm in September 2024. In the interim, the lawyers at Lenehan Musgrave LLP are ready to assist Noelle’s past, present and future clients with their family law matters.

Since her call to the bar in 2015, Noelle has gained considerable knowledge in the area of family law, and has used this knowledge to advocate on behalf of her clients. Noelle brought this knowledge to the Lenehan Musgrave LLP team in 2020, where she has continued to assist her clients in reaching resolutions with her practical approach to the practice of family law. Noelle will be missed during her maternity leave, but the team will be excited to welcome her back at its conclusion.

Lenehan Musgrave LLP offer their congratulations to Noelle, and until she returns to the office, we encourage anyone seeking Noelle’s representation to contact our office so that your matter can be referred to one of our other knowledgeable lawyers.

Lenehan Musgrave LLP Announces Change to Practice Areas to Focus on Family Law and Litigation

Lenehan Musgrave LLP prides itself on our long history of providing exceptional service and representation of our clients.  From assisting clients understand the complexities of the legal system, to advocating on their behalf before all levels of Court, the lawyers at Lenehan Musgrave have shown commitment to a client focused approach to practice.

Moving in to 2022, one thing is for certain: this has not changed. Lenehan Musgrave LLP continues to offer high quality representation to all of our clients. While historically, this has included the areas of family law, litigation, and personal injury, the team at Lenehan Musgrave LLP is pleased to announce that the firm will now be focusing primarily on the areas of family law and litigation.

The lawyers at Lenehan Musgrave LLP will continue to offer the same high-quality services in the areas of family law and litigation that have always been available. This includes personalized consultations, full-service representation, and other simplified and tailored legal services. For more information, please visit our website: https://www.lenehanmusgravelaw.ca/

Should you find yourself in need of a family law or litigation lawyer, please contact the team at Lenehan Musgrave LLP to discuss your situation and the options available to you.

Congratulations and Well Wishes to Amber Penney!

The lawyers and staff at Lenehan Musgrave LLP wish Amber Penney, a partner here at our office, the very best as she leaves for a ten (10) month maternity leave. Amber will be leaving May 1, 2021 and will be moving to “non-practicing” status until she returns to the firm in March 2022.  The Lenehan Musgrave team is ready to assist Amber’s present and former clients during her maternity leave.

Amber is a valued member of the Lenehan Musgrave team, and has a reputation as a skilled negotiator and litigator. She vigorously represents her clients, and has since her call to the Nova Scotia bar in 2012. She has become a familiar face to Court and staff. Amber’s approach to the practice of family law is one that has served her clients well, and she will be missed during her maternity leave.

The Lenehan Musgrave LLP team offer their congratulations to Amber as she embarks on this next chapter of her life, and anxiously await her return to the office in March of 2022.

Thank You Sydney Logan

The lawyers and staff at Lenehan Musgrave LLP wish Associate, Sydney Logan well on her next venture as she moves back to her hometown of Saint John, New Brunswick. Sydney has been with Lenehan Musgrave since June 2018, and during that time has worked in the areas of Family Law and Personal Injury.

We have enjoyed working with Sydney and wish her all the best as she begins her legal career in New Brunswick.

COVID-19 and the effect on Lenehan Musgrave LLP

For our team at Lenehan Musgrave LLP, the well-being and safety of our clients, office, and community is a priority.  

Visiting Our Office

We are suspending all in person meetings where possible.  If you have a scheduled appointment at our office or plan to drop by, please call ahead. The Courts have not suspended operations at this time so filing deadlines will still be met by our offices and we will be contacting any clients affected by filing deadlines. We will happily reschedule appointments and are pleased to offer appointments by phone or video conference instead.  

We ask that all clients who are not feeling well in any way, or have traveled outside of Canada within the past 14 days, or interacted with someone who has been diagnosed with COVID-19 to avoid coming into our offices. We have asked our lawyers and staff who meet these criteria to not come into the office and to follow the directions of local public health authorities.

We anticipate further announcements and guidance from government authorities on their response to COVID-19.   Should it become necessary to close our office, we have plans in place so that our lawyers will remain accessible and responsive to our clients and the Courts.

Court Appearances

We are working with the Courts to determine the status of upcoming matters scheduled for an appearance.  If you have a Court appearance this week, please contact our office with any questions or concerns that you have.  The Courts are scheduling some matters by phone conference and in person appearances at the Court may not be necessary.  

In the event that the status of your Court appearance changes, we will be in touch with you to provide you an update at that time

Kyle Campbell Joins Lenehan Musgrave LLP’s Personal Injury Law Firm

Lenehan Musgrave LLP is delighted to announce that Kyle Campbell joined our firm as our newest Associate Lawyer on November 13, 2019. Kyle’s practice will focus on personal injury law.

A Nova Scotia native, Kyle is a graduate of Saint Mary’s University, where he obtained his Bachelor of Arts degree in Criminology in 2012. While attending Saint Mary’s, Kyle was a member of the Dean’s list for academic accomplish, and participated in intramural sports.

Kyle obtained his Law degree from the University of New Brunswick in 2016. While in Law School Kyle was active in the community, volunteering his time with the Fredericton Legal Advice clinic. He returned to Nova Scotia to article and worked in a mid-sized full service firm, where he first gained experience working in Plaintiff personal injury law.

How Kyle works with personal injury claims

To Kyle, being a strong advocate means fighting for client’s full and fair compensation. Kyle’s personal injury cases are done on a contingency basis, meaning he does not get paid until his clients get paid. Kyle prefers to practice this way as it ensures that no matter what a client’s unique circumstances may be, no one is prevented from seeking legal representation from Kyle because they cannot afford legal services.

In addition to the practice of law, Kyle has a background of volunteering and working with disadvantaged communities, including at risk youth and adults with learning disabilities.

You can reach Kyle at 902-466-2200 or at kyle@lenehanmusgravelaw.ca.

Please join us in welcoming Kyle to our firm!

CBC’s “Diggstown” Show Films at Lenehan Musgrave LLP

Diggstown is a TV show set and filmed in Halifax/Dartmouth which airs on the CBC network. The show features a corporate lawyer, Marcie Diggs, who decides to make a career change. After a family member faces a malicious prosecution, Marcie is inspired to become a Legal Aid lawyer. Her goal is to work with the community and find justice for those facing racism, sexism and poverty.

After the success of Season One, filming for Season Two quickly started, with Lenehan Musgrave’s office as one of the set locations. All proceeds earned from allowing the office to be used as a set location, will be donated to Phoenix Youth.

Phoenix Youth is a local non-profit organization, that is dedicated to supporting youth between the ages of 11 and 24, their families and communities across multiple locations in Halifax. To learn more about Phoenix Youth, check out their website.

Season Two of Diggstown is slated for winter 2020. Keep an eye out for our office, located at beautiful Kings Wharf, Dartmouth. In the meantime, watch Season One of Diggstown here.

Amber Penney Becomes Lenehan Musgrave LLP Partner

We are pleased to welcome Amber Penney to our partnership, effective August 1, 2019. Amber is originally from Newfoundland and was called to the Newfoundland and Labrador Bar in June 2012 and to the Nova Scotia bar in July 2012. She has been practicing family law since that time. Amber joined Lenehan Musgrave LLP in 2017, and immediately became a valued member of our growing family law team.

Amber prefers to settle matters outside of court when possible, saving her clients from the financial and emotional costs of litigation, and encouraging her clients to determine their own resolutions whenever possible. Her knowledge of family law and dispute resolution benefits her clients both inside and outside the courtroom.

As a member of the Association of Collaborative Professionals of Nova Scotia, Amber has received training in dispute resolution and is a collaborative family lawyer. This certification has enabled Amber to create customized solutions and prioritize an interest-based approach for her clients.

Amber is also a member-at-large for the Canadian Bar Association Nova Scotia Branch and Vice Chair of the Canadian Bar Association Nova Scotia – Family Law Section. In this role, Amber hopes to work closely with the other section executive to provide ongoing professional development opportunities for section members, thereby improving the level of service family lawyers in Nova Scotia provide to their clients.

To learn more about Amber, please click here. You can reach Amber at 902-466-2200 or at amber@lenehanmusgravelaw.ca.

Please join us in welcoming Amber to the partnership!

Lenehan Musgrave Sponsors Toadstock 2019

Join the Bikers Down Society this weekend at the annual Toadstock fundraiser.  This event is taking place Saturday August 10, 2019 at the former River John High School, in Sydney, Nova Scotia. This event is in memory of a late member of the Bikers Down Society, Mike “Toad” Roach.

The goal of this event is to enjoy a fun camping experience while meeting other bikers and fundraising for the society. The weekend will include bonfires, karaoke and dance, lots of food and the annual Bike Games. Participate in the games, and have your chance at winning one of five $100 Amazon gift cards, donated by Lenehan Musgrave, among other prizes.

All proceeds from the event will go towards educating drivers on road safety, collision prevention and supporting fallen bikers. Bikers Down Society encourages all drivers to take responsibility for their safety and the safety of those they share the road with, adopting the motto “Look Twice, Save a Life”. To learn more about the event, visit Bikers Down Society’s website.

Lenehan Musgrave is proud to be a sponsor of Bikers Down Society, as well as a provider of legal support. The organization’s mission is much like our own when it comes to our personal injury practice. We both aim to provide excellent service to injured accident victims and their families.

If you have been injured in a motorcycle accident, please contact us for a free no risk consultation.

Lenehan Musgrave Supports Bikers Down Society

This past Saturday, March 23rd, was Bikers Down Society’s annual dance at Monte’s Showbar Grill in Dartmouth.  It was an excellent “feel good” social and fundraising event which Lenehan Musgrave LLP was happy to support, and which a few members of our spirited personal injury legal team enjoyed attending. 

Bikers Down Society is a not for profit organization established by Nova Scotian motorcycle enthusiasts  to provide assistance to other Nova Scotian motorcycle enthusiasts, as well their passengers, who have been injured in collisions, along with injured persons’ families.

Bikers Down Society’s first goal is to try to prevent motorcycle accidents from happening through education and awareness.  All too often drivers in other motor vehicles say they did not see the motorcyclist before a collision occurred.  Bikers Down Society encourages all drivers to take responsibility for their safety and the safety of those they share the road with, espousing the motto “Look Twice, Save a Life”.

Unfortunately when motorcycle accidents happen they often cause serious injuries, and carry financial consequences for the injured motorcyclist and their family. Through charitable donations, Bikers Down Society aims to provide financial support to injured motorcyclists who have lost income.   Where Bikers Down Society insists on responsible driving, they reserve the right to deny assistance if a collision was the result of the motorcyclist being intoxicated.

Lenehan Musgrave LLP is proud to be one of Bikers Down Society’s sponsors, and a provider of legal support.  We believe the organization provides an excellent service to injured accident victims and their families, which corresponds well with our personal injury team’s objectives.

We are grateful for the opportunity to continue supporting and working with Bikers Down Society. Bikers Down Society’s next fundraising event is the Ride with Angels Memorial Ride on Sunday June 16, 2019, beginning at 11:30 a.m., and meeting at Riding in Style (562 Sackville Drive) before kickstands up at 1:00 p.m. Bikers Down Society’s website is: https://bikersdown.com/

If you have been injured in a motorcycle accident, please contact us to see how we can help.

Lenehan Musgrave’s Second Annual “Soothe the Winter Blues” Networking Event

Lenehan Musgrave is proud to have hosted our second annual “soothe the winter blues” Networking Event last Thursday, February 22nd, there was a great combination of new faces and returning faces from last year’s event.

Guests were able to enjoy appetizers, a few cheers, and good conversation with others who worked in related fields that enhanced the services provided by all.

We appreciate those who took time out of their busy lives on a stormy night to attend. We also want to give a special thanks to our caterer, Kitchen Door Catering, who once again, added an air of elegance to the evening with their exceptional service.

Lenehan Musgrave is pleased to continue to provide the opportunity for guests to put down our smartphones and do business the old fashioned way - face to face communication.  We look forward to providing similar opportunities in the years to come. We have already begun planning our 3rd annual networking event, which will take place on Thursday, February 27, 2020 – so please save the date!

Deducting Your Legal Fees: A Guide this Tax Season

As tax season approaches, it is beneficial to be aware of what expenses you may be entitled to claim as deductions.

If you incurred legal fees for the purpose of collecting, receiving, or securing child support or spousal support, you can claim those legal fees as a deduction at line 221 of your income tax return. It’s important to note that only the receiving parent or spouse can claim their legal fees as a deduction.

The tax deductible legal fees may relate to collecting late support payments, establishing an amount for support payments, or efforts to vary support to a higher amount. Unfortunately, legal fees paid to get a separation or divorce, or to establish custody of or visitation arrangements for a child cannot be claimed at line 221.

Every January we review our clients’ accounts and determine the percentage of time and effort spent on their file that relates to their claims for child and/or spousal support.  We then send our clients who qualify for a deduction, letters outlining our opinion of the percentage of their legal fees they are entitled to deduct. The client can provide their letter to CRA as a receipt.

We offer these letters free of charge to our clients because we believe that individuals and families should enjoy the maximum income and benefits available to them by law.

For more information about tax and family law please see “Tax Matters Toolkit for Clients”, a publication of the Canadian Bar Association, available at:

https://www.cba.org/CBAMediaLibrary/cba_na/PDFs/Sections/taxMattersToolkitClients_Eng.pdf

Happy Holidays!

For the 5th consecutive year, the lawyers and staff at Lenehan Musgrave coordinated an office donation drive to donate items from the Phoenix House holiday wish list.

This year, associates Daniel Wood and Sydney Logan joined our staff members to deliver our donations to the Hunter Street location.

At Lenehan Musgrave we look forward to the opportunity to support Phoenix House which plays a vital role supporting youth in our community.

To learn more about the incredible work Phoenix House does all year round visit https://phoenixyouth.ca/

Congratulations to Sydney Logan!

The lawyers and staff at Lenehan Musgrave LLP wish to congratulate our newest Associate, Sydney Logan, on her call to the Nova Scotia Bar on Friday, October 19, 2018. Sydney was called to the New Brunswick Bar on June 11, 2018, and has been working as a “transfer lawyer” with Lenehan Musgrave since June 18, 2018, while waiting for her call to the Nova Scotia Bar.

Before becoming a practicing member of the Nova Scotia Barristers’ Society, candidates must have a law degree, successfully complete a period of articles under the supervision of a senior lawyer, and pass bar examinations. Once those criteria are met, a member of the Nova Scotia Barristers’ Society will make a Court Application before a Justice of the Supreme Court of Nova Scotia, moving that the candidate become a full fledged member of the Bar. Before the Judge will sign the Order, the candidate is asked to take an oath to represent clients ethically and honourably, and uphold the Rule of Law. Here is the oath that Sydney made before the Honourable Justice Kevin Coady on October 19, 2018:

“I, Sydney Logan, swear that as a lawyer, I shall, to the best of my knowledge and ability, conduct all matters and proceedings faithfully, honestly and with integrity. I shall support the Rule of Law and uphold and seek to improve the administration of justice. I shall abide by the ethical standards and rules governing the practice of law in Nova Scotia.”

In the photo, Sydney is signing the Barristers’ Roll after her call to the Bar. Sydney’s practice will focus on Family Law and Personal Injury. You can reach Sydney Logan at 902-466-2200 or sydney@lenehanmusgravelaw.ca.

Sydney Logan

Lenehan Musgrave LLP is delighted to announce that Sydney Logan joined our firm as our newest Associate Lawyer on June 18, 2018.

Sydney articled in New Brunswick, was called to the New Brunswick bar in June of 2018 and is expected to be called to the Nova Scotia bar in October of 2018. Until that time, Sydney will be considered a visiting lawyer with a permit to practice law in Nova Scotia and will focus on Family Law and Personal Injury.

Sydney holds a Bachelor of Arts Honours degree in International Relations and History from Mount Allison University. Having graduated from the Dalhousie University Schulich School of Law in 2017, Sydney has an excellent understanding of family law and personal injury law, as well as court procedure.

Sydney received several bursaries and scholarships including the Dougald Christie Memorial Bursary for a Commitment to Community Service and the Mary Bailey Bursary in Family Law.  Prior to completing her articling term with a full service regional law firm, Sydney spent a term working at the Dalhousie Legal Aid Service.

Sydney enjoys the one-on-one aspect of client service that a small firm provides. She believes that effective advocacy requires a good relationship and works to guide clients through the complex nature of family and personal injury disputes, ensuring appropriate solutions.

The 2018 American Association for Justice Annual Convention

As celebrated in a previous post, one of our associates, Daniel Wood, was the 2018 recipient of the Gary J. Bigg Memorial Scholarship to attend the American Association of Justice (AAJ) Annual Convention, which was held in Denver, Colorado earlier this month (July, 2018).

Daniel reports that the four day AAJ Convention was an excellent experience. There were seminars each day from 6:30 a.m. to 5:00 p.m. featuring many of the preeminent personal injury lawyers in the United States and internationally.  There were also opportunities to interact and learn directly from these lawyers at lunches, dinners, and receptions. The convention this year was attended by over 3000 trial lawyers.

Daniel attended a full day program of continuing legal education presented by the AAJ’s Traumatic Brain Injury Litigation Group. This program included different seminars on important topics and innovations in traumatic brain injury litigation, which are directly relevant to much of Daniel’s practice. The same is true for the continuing legal education program held by the AAJ’s Spinal Cord Injury Group and Complex Regional Pain Syndrome Litigation Group.

It was fascinating for Daniel to hear about some of the large scale and complex work AAJ members are doing in product liability class actions, medical malpractice suits, and sexual assault litigation. Daniel returned home with increased energy and creativity to put into his busy motor vehicle accident practice.

Daniel reports that it was truly inspirational for him to learn more about Gary J. Bigg from Mr. Bigg’s family and colleagues in the AAJ’s Canadian Caucus.  Mr. Bigg was a leader in the Canadian Caucus and the broader legal community with a resolute commitment to advocating for his clients and mentoring young lawyers. Daniel was honoured with a certificate for the Gary J. Bigg Memorial Scholarship at the AAJ’s Canadian Caucus Luncheon & Membership Meeting (pictured below). The award was presented to Daniel by Canadian Caucus Chair, David Klein, and Patrick and Marlene Bigg, the son and wife of the late Mr. Bigg.

Daniel Wood is the 2018 Recipient of Gary J. Bigg Memorial Scholarship

Lenehan Musgrave is proud to announce that one of our associate lawyers, Daniel Wood, has been awarded the Gary J. Bigg Memorial Scholarship to attend the American Association of Justice (AAJ) Annual Convention, which this year is being held in Denver, Colorado from July 7th to 10th.   This four day legal education convention is an international event that brings together many of the most exceptional plaintiff trial lawyers from the United States, Canada and beyond.

The Gary J. Bigg memorial scholarship is awarded by the Canadian Caucus of the AAJ, of which Mr. Bigg was a longstanding and valued member.  The scholarship is awarded to a young lawyer every year who displays an aptitude for trial advocacy and commitment to protecting and advancing the interests of the disadvantaged. 

Daniel is a fitting recipient as he devotes his practice at Lenehan Musgrave almost exclusively to helping accident victims in personal injury claims, and has shown dedication to continuing legal education, oral advocacy, and access to justice. Attending the AAJ Annual Convention will be a great opportunity for Daniel to expand and enhance his negotiation and litigation skills, and help him continue to better serve his clients.