When preparing for a trial, it is often important to secure the co-operation of non-expert lay witnesses in advance of the trial. You can issue a summons and require a witness to attend at trial, but it can be very risky to call a witness when you don’t know what they will say.
Do you live in a Condominium? Does your upstairs neighbour overwater their outdoor plants, resulting in water build up on your patio? Is the Condo trying to remove your pet, claiming it is too large?
An order to accept or refuse appointment under Rule 74.15(1)(a) or (b) of the Rules of Civil Procedure is an under-utilized tool in estate litigation. It allows an interested party to compel the estate trustee, either named in a will or acting as an estate trustee, to seek a certificate of appointment.
Sometimes during an intake meeting, a potential new client will tell me that they want to hire an “aggressive” lawyer. Their expectation usually has to do with making threats at the outset and being difficult and uncooperative with the other side.
Home insurance policies, unbeknownst to many policy holders, typically have coverage exclusions that apply if damage/loss occurs while the property is “vacant”. Typically, the issue arises when the homeowner intentionally leaves the home for a an extended period of time (ie. vacation, work trips, etc). However, what happens when unexpected events, such as health complications, cause us to be away from home for an extended period of time?
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