Family law in Nova Scotia applies a distinct difference between common law relationships and marriage. While some provinces may allow common law, or cohabitation, to take on the rights and responsibilities of marriage after a certain period of time, this is not the case in Nova Scotia.
A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship after a year of cohabitation. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.
Lenehan Musgrave LLP is pleased to announce that we will be featured as a recurring contributor to the expert advice column in Refined Halifax magazine. In the Summer 2019 issue, Jane Lenehan explores the ever popular question of “When Should You Call a Family Lawyer?”
You can read it in print, or online here.
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 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!
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
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/
Our associate Sydney Logan presented at the Atlantic Provinces Trial Lawyers Association (APTLA) Auto Accident Advocacy Conference on November 23, 2018. Her presentation topic was the recent Nova Scotia case of Holland v Sparks, 2018 NSSC 136 (link to case on Canlii: http://canlii.ca/t/hsm13).
After her car accident, Ms. Holland began receiving CPP disability benefits as a result of the injuries she suffered in that car accident. At Trial Ms. Holland asked the Court to order that Mr. Sparks’ insurance company pay her compensation for income loss and loss of earning capacity after the Trial. The insurance company agreed that it should pay that compensation but argued that section 113A of the Insurance Act allowed them to deduct Ms. Holland’s CPP disability income from the money they had to pay her.
Justice Moir decided that section 113A does not allow the insurance company to deduct from compensation for income loss and loss of earning capacity, CPP disability benefits received by, or available to Ms. Holland after the Trial. CPP disability benefits before the Trial were properly deducted by the insurance company.
Justice Moir’s decision has since been appealed. The outcome of this appeal will have a significant impact on personal injury damage awards in Nova Scotia.
If you have any questions about the implications of this case, or if you have any questions about car accidents or injury law in general, please call Lenehan Musgrave to schedule a free consultation 902 466 2200.
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.
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.
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.
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.
Lenehan Musgrave is proud to have hosted our first annual “soothe the winter blues” networking event on February 23rd, which saw a nice cross section of local business people attend.
Guests enjoyed themselves over delicious appetizers, a few cheers, and good conversation with other business people in the community eager to create reciprocating goodwill and support each other’s growth.
We appreciate those who took time out of their busy lives to attend. We also want to give a special thanks to our caterer, Kitchen Door Catering, who added an air of elegance to the evening with their exceptional hospitality.
Now more than ever it’s important for us to put down our smartphones and do business the old fashioned way - face to face communication. Lenehan Musgrave is pleased to have provided such an opportunity and we look forward to providing similar opportunities in the years to come. We have already begun planning next year’s networking event, which will take place on Thursday, February 21st. So save the date!
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 through law.
Further information can be found on Canada Revenue Agency’s website: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/221/menu-eng.html.
During the holiday season, the lawyers and staff at Lenehan Musgrave look forward to working with Phoenix House Centre for Youth in Halifax, Nova Scotia, and coordinating an office donation drive to donate from the Phoenix holiday wish list.
This year injury lawyer, Sean Layden, Q.C., joined our staff members to deliver our donations to the Coburg Road location, and meet with Case Manager, Andy Langille, Housing Support Worker, Marsha Tanner and Coordinator, Michelle Poirier. This year may have been our biggest haul yet!
At Lenehan Musgrave, we understand foundations and not-for-profits such as Phoenix House play a crucial role in giving back where our community needs it most, starting with our youth.
Marsha Tanner, Andy Langille and Sean Layden, Q.C. with the Lenehan Musgrave holiday donations
To our colleagues, clients, and community members, happy holidays from the lawyers and staff of Lenehan Musgrave LLP!
On Saturday, October 14th, Jane Lenehan and Diana Musgrave were pleased to host their classmates for the Dalhousie Law School Class of 1987 reunion. A good time was had by all as the photographs demonstrate!
Section B Benefits
The benefits available through Section B of an individual’s automobile insurance policy are also referred to as no-fault benefits. This is because these benefits are available to the driver of the vehicle as well as any passenger injured as a result of a motor vehicle accident, regardless of who caused the collision. If you are a pedestrian or on a bike at the time of the accident, you are able to access Section B benefits from the insurance company of the car which hit you.
There are five categories of Section B benefits:
1) Medical and rehabilitation expenses;
2) Weekly indemnity payments;
3) Funeral expenses;
4) Death benefits;
5) Principal unpaid housekeeper benefits;
We briefly describe the most common two benefits below.
Medical and Rehabilitation Expenses
These benefits include all reasonable medical treatment and rehabilitation expenses within four years of the accident date up to a maximum of $50,000 per person.
Treatments covered include physiotherapy, massage therapy, chiropractic treatment, dental services, surgical services, and psychological counselling among many other. Some expenses covered include the costs for prescription and non-prescription medications, and mileage for travel to and from treatment. . If your family physician determines a treatment to be necessary for your recovery, you are entitled to coverage under Section B.
If you have private medical insurance, you have to use the benefits available under that plan prior to accessing your Section B medical and rehabilitation benefits.
Weekly Indemnity Payments
There are also benefits for income replacement if you are unable to perform the essential duties of your occupation because of the accident. You are eligible to receive weekly indemnity payments, which total up to 80% of your net income loss or $250 per week, whichever amount is less.
To qualify for Weekly Indemnity payments, you must have written documentation from your doctor placing you off work as a result of your accident injuries. Your doctor must have placed you off of work for at least seven days within the first 30 days after the accident.
There are no weekly indemnity payments in excess of 104 weeks (two years) unless you can establish that you cannot work in any occupation or employment you are reasonably suited to perform by education, training or experience.
If you are eligible for Employment Insurance benefits you are required to apply for those benefits before accessing your Section B weekly indemnity payments.
If you have questions regarding your section B benefits, or any other issues relating to a motor vehicle collision, please call one of our personal injury lawyers for a free no risk case assessment.
The team at Lenehan Musgrave is committed to all facets of access to justice. Our commitment to access to justice is shown in part through the flat rates we offer for certain family law services, and the low contingency fee rates we offer our personal injury clients. Our commitment to access to justice is also shown in our ongoing efforts to learn how to best serve and support our community, which includes clients of diverse backgrounds.
As a part of Pride this year, associate lawyer Daniel Wood attended a workshop held by the Nova Scotia Barristers’ Society called “Supporting Trans* and Gender-variant Clients, Colleagues and Employees.” The workshop included an introduction to transgender issues, providing an understanding of proper terms and definitions, and discussions on how to be respectful when assisting transgender clients. The workshop also highlighted some of the unique challenges transgender people face in the legal system.
An example of a challenge transgender individuals have faced in the family law context is the other party attempting to use an individual’s gender transition as a reason to deny or reduce custodial rights and/or parenting time.
Litigants have made negative allegations about transgender parents despite the fact that the law recognizes that transgender parents have the same parental rights, and that a parent being transgender does not negatively impact the best interests of the child(ren). In Forrester v Saliba, 2000, CanLII 28722 (Ont. Ct. J.), which has been referred to by the Nova Scotia Family Court, Justice Wolder on the Ontario Court of Justice stated:
“[T]ranssexuality, in itself, without further evidence, would not constitute a material change in circumstances, nor would it be considered a negative factor in a custody determination.” [para. 19]
In all situations, our role as lawyers is to be a staunch advocate for our clients’ rights and interests, as well as ensure that our clients feel supported throughout their legal disputes. When representing a transgender client this may require us to educate the court about our client’s circumstances to fight unfair stigmas and show that a parent’s Trans identity has no negative effect on their children.
At Lenehan Musgrave we welcome the opportunity to serve members of the Trans community, as well as other members of the LGBTQ+ community.
We hope that everybody enjoyed a safe and happy pride this year!
Pets are very loved by their owners and often viewed as family members akin to children. However, the law does not treat family pets the same as it does children for the purposes of custody and access.
For children, the court is always guided by the “best interests” of the child. In contrast, under the law, animals are considered personal property. As such, disputes between people claiming the right to possess an animal are determined on the basis of ownership, or agreements as to ownership, rather than considerations of “the best interests” of the pet.
That being said, the law in jurisdictions outside of Nova Scotia may be starting to recognize a more nuanced approach for addressing possession of pets in separations involving married couples. Courts are able to treat a pet’s status as family or matrimonial property to ground an order for possession of, or essentially access to, that pet by a former spouse.
With respect to common law couples, in the recent Nova Scotian decision of MacDonald v. Pearl, 2017 NSSM, Adjudicator Richardson noted: “…the fact that people in a common law relationship may view their pets as akin to children gives rise to the possibility of agreements—whether express or implied—as to what might happen to the animals in the event the people separate”.
In MacDonald v. Pearl, the Small Claims Court addressed a dispute over two Yorkshire Terriers, brothers Henry and Daniel. Essentially the court determined that Henry was purchased by Mr. MacDonald as a companion for Ms. Pearl because Ms. Pearl was lonely. Accordingly, Ms. Pearl was awarded Henry.
The other dog, Henry’s brother Daniel, was purchased by Mr. MacDonald because Mr. MacDonald did not want to leave Daniel, the last of the litter, alone. Mr. MacDonald was awarded Daniel, which somewhat ironically separated the siblings.
In a case involving sibling children, the court will heavily consider the children’s bond to each other when analyzing their best interests. As indicated above, because pets are classified as personal property, the court is not able to consider their best interests, and so the court cannot consider the relationship between animal siblings.
With the state of the law as it is now, working out an agreement on pet ownership or access directly between the parties is the best way to properly recognize the love and companionship people share with their pets, as well as what arrangements are in the pet’s best interests after separation.
On May 26th, 2017, the provisions of the Parenting and Support Act will come into effect throughout Nova Scotia. This is a new piece of legislation that will update and replace the Maintenance and Custody Act. This Act governs family law issues relating to child custody, and child and spousal support for unmarried couples or married couples who have separated but have not initiated divorce proceedings.
The Parenting and Support Act maintains some of the provisions of the Maintenance and Custody Act. There are a number of key updates and additions that affect law in Nova Scotia. These changes are shown in the wording used by the Act relating to parenting. For instance, the definition of who qualifies as a “parent” or “spouse” has been broadened, and terms such as “access” have been replaced with “interaction” and “parenting time.” The Act has also adopted more gender neutral language throughout.
The significant change is that the Parenting and Support Act now includes provisions on child mobility and relocation. The Act imposes presumptions in favour of certain parents who wish to move with their child, or those who oppose the move. These presumptions are based on the custodial and parenting arrangements in place at the time.
If the parent who wants to relocate with the child is considered the child’s primary caregiver (or the parent the child lives with for the majority of the time), then the other parent would have the burden to show the court that the proposed move would not be in the best interests of the child. If parenting time is shared between the parents, then both parties need to show the Court what is best for the child.
The new Parenting and Support Act sets out a list of factors for the court to consider when seeking to determine what would be in the best interests of the child in relocation cases.
Cases concerning mobility and relocation are some of the most difficult family law issues that come before the court. The Family Law Lawyers at Lenehan Musgrave LLP are knowledgeable in these new provisions of the Parenting and Support Act, and experienced in child mobility and relocation cases. Please contact us at: http://www.lenehanmusgravelaw.ca/consultation/ or 902-466-2200 for more information or to schedule an initial consultation.
Lenehan Musgrave LLP is delighted to announce that Amber Penney has joined our firm as a senior Associate Lawyer.
Amber articled in Newfoundland, was called to the Newfoundland and Labrador bar in June of 2012 and called to the Nova Scotia bar in July of 2012. Since that time, Amber has been practicing family law with the following areas of focus:
Separation and any resulting agreements;
Divorce – both contested and uncontested proceedings dealing with custody, access, child and spousal support, and property issues;
Cohabitation Agreements and Marriage Contracts;
Child Protection Matters; and,
Adoptions.
In and out of the Court room, Amber serves as a grounded and respected family law lawyer. To learn more about Amber, please view her bio in the Our Team section of our website.
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 is 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.
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 on 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 through law.
Further information can be found on Canada Revenue Agency’s website: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/221/menu-eng.html.
