Land Disputes
Boundary trees are trees on the boundary between neighbouring lands. Neighbours’ conduct relating to boundary trees has been legislated since 1896 when the Ontario Tree Planting Act was enacted. The purpose of the Act was to encourage the planting and growing of...
Land Disputes
If you own waterfront property to the shoreline, you are a riparian owner, meaning you own the bank (“ripa”) of the lake to the water’s edge. But where is the water’s edge in Haliburton? There is a high water mark in the spring and a low water mark in the fall. The...
Land Disputes
Purchasers of land in Haliburton situated on water are fully aware that the public has the right to use the water in front of their lands. This legal right arises from a reservation in the first deed. When the Crown initially conveys land to an original owner (the...
Construction
Many cottagers from the city have moved here to settle permanently. Some have built their dream home where once was a 1950’s style summer cottage. This is the true story of the construction of a dream home gone bad. The owners hired a close friend who was a builder....
Construction
A construction tradesman, whether electrician, plumber, or carpenter, may find himself not being paid for work performed for a property owner. The tradesman’s work improves the value of the property and makes the property owner subject to a “construction lien.” The...
Constitutional Law
The preamble of the Canadian Charter of Rights and Freedoms begins with the phrase; “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.” The “rule of law” is a cornerstone of Canadian constitutional order and...