Medical Malpractice (A Very General Overview)

March 23rd, 2022  |  Civil Litigation

Medical malpractice (or medical negligence) is a complex area of the law.   Negligence, by definition, is a civil tort (or a civil wrong). Patients that have been injured as a result of negligent medical care can bring lawsuits against physicians (or nurses, hospitals and/or other medical practitioners) to recover compensation for such injuries in […]

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Long-Term Disability Denials – Part 2 of 2

January 24th, 2022  |  Civil Litigation

Let’s pick up where we left off last time, when we were talking about the test of Total Disability and, specifically, what usually happens after 2 years of injury or illness onset…   After the 2-year mark, the definition or test for entitlement (usually) changes from one involving an insured’s ability to perform the essential […]

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Long-Term Disability Denials – Part 1 of 2

January 13th, 2022  |  Civil Litigation

“Your claim for Long-Term Disability benefits has been denied…”   Why?   “… because [we, the insurer] have determined that you do not meet the definition of Total Disability as stated in your policy [of insurance].”   Let’s briefly unpack this…   “Total Disability” is a defined term in a policy of insurance. Your policy […]

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You Slipped and Fell… Now What?

January 7th, 2022  |  Civil Litigation

Consider the following scenario.   You’ve been hurt. You slipped and fell in the middle of winter, just as you were about to enter the store you planned on visiting that day. You have gone to the Emergency Department of the local hospital and were seen by a nurse and then the on-call physician. The […]

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Porting your Mortgage

August 3rd, 2021  |  Real Estate

Now and again, a client at de Bakker & de Bakker is unpleasantly surprised about the penalty they must pay to their lender to break their mortgage early upon selling. This penalty will vary based on your lender and the terms of your loan. If you have a five-year fixed-term mortgage and you sell your […]

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Are your Beneficiary Designations up to date?

June 30th, 2021  |  Estate Planning

Michael consulted us recently after his father’s death. Michael was an only child, and his parents divorced when Michael was still quite young. Michael was his father’s closest relative and he thought he would inherit his father’s estate, which consisted of an RRSP worth $200,000 and a bank account worth $50,000. Unfortunately, when Michael’s father […]

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Where Should I be on Closing Day?

May 28th, 2021  |  Real Estate

Where should I be on closing day?  Your home purchase or sale is one of the biggest financial transactions of your life. Closing day is a crucial day, when the deal finally closes. There are many moving parts on closing day, and things can arise that have to be dealt with at the last minute. […]

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What Fixtures and Chattels are included?

May 20th, 2021  |  Real Estate

Buyers and sellers often have different understandings of what items are included in the sale. Whether an item is included often depends on whether it is considered a fixture or a chattel. In general, a seller must leave the fixtures on the property, but can take the chattels. If there are fixtures excluded from the […]

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Do I Need Conditions in the Agreement of Purchase and Sale?

May 18th, 2021  |  Real Estate

Conditions in an Offer to Purchase Your real estate lawyer can advise you about conditions you may wish to include in your offer. There is a wide range of possible conditions, but the most common ones are arranging financing satisfactory to you and obtaining a home inspection satisfactory to you. The agreement is not firm […]

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What is the difference between a Deposit and a Down payment?

May 17th, 2021  |  Real Estate

Deposits A deposit is usually given with the Offer to Purchase or within 24 hours of acceptance of the Offer. The purpose of the deposit is to show the seller that that the buyer is serious, and to protect the seller if the deal falls through. If the Agreement goes ahead, the deposit is credited […]

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