We were referred to Mr. Lockhart by another lawyer after my mom’s slip and fall accident. He had said that Mr. Lockhart and his team are understanding, patient and knowledgeable – and he was right. During the three and half years that it took to settle the case, Mr. Lockhart and his litigation law clerk, Leilani, were very approachable, honest and understanding. They kept us informed of everything that was going on with the case every step of the way, they ensured that we had a clear understanding of exactly what was happening and they gave us their unbiased advice. They had the personal touch that made the process a lot easier for my mom; they cared not only about settling the case, but about my mom’s overall well-being. They took the time to get to know not only my mom but my entire family. And in turn we got to know them and build a relationship that goes beyond settling the case. From our experience, Mr. Lockhart and Leilani not only have the legal knowledge to get the best outcomes possible for their clients but they also have the human touch that makes their clients comfortable and a tough process as easy as possible for their clients.
I retained the services of John Lockhart when a real estate deal I was involved with went bad. Mr. Lockhart was a very calming presence whom I was able to contact with ease. He took my calls and met with me and he explained my options clearly so that I could understand fully. He acted quickly and we achieved a speedy result. I feel very comfortable with Mr. Lockhart and trust his advice to be sound. I would and have recommended Mr. Lockhart to friends and colleagues.
The law on Caveat Emptor was summarized in 1960 by Professor Bora Laskin as follows:
“Absent fraud, mistake or misrepresentation, a Purchaser takes existing property as he finds it, whether it be dilapidated, bug-infested or otherwise uninhabitable or deficient in expected amenities, unless he protects himself by contract terms.”
I went to John Lockhart following a slip and fall accident needing to know if I had a case and what would be involved. He explained what to expect and that it could take 4 to 5 years to settle this case. I appreciated Mr. Lockhart’s honesty and candor during our first meeting, which continued for the duration of the case and to its settlement following mediation 4.5 years later. He and his litigation law clerk, Leilani, kept me updated and informed on every aspect of my case through those years. I always felt comfortable approaching Mr. Lockhart or Leilani with any issues or questions I had, and they were always answered promptly.
If you are actively involved in the leadership of a church or charity that is not currently incorporated, then chances are that the issue of incorporation has been a discussion item on the agenda of more than one meeting. Leaders of unincorporated churches and charities have often heard that it is prudent from a legal standpoint to conduct the activities of a church or charity through a corporation, but are unclear as to the reasons why incorporation is a prudent course of action. When considering whether to incorporate a church or charity, the leadership of the church or charity should be aware of the advantages and disadvantages of incorporating the church or charity, in order to make an informed decision. The discussion that follows is intended to provide the reader with some idea as to the advantages and disadvantages involved in incorporating their church or charity.
Upon the death of our eldest son, John Lockhart was recommended from a family member. We were not disappointed; we immediately felt the tenderness and care from John and his firm. While the road was long and hard, this firm was very compassionate and very caring no matter what we faced. Under such a loss, our file was treated with the utmost respect and Leilani was a gift from Heaven as she tenderly made contact by phone and email and helped us through the most difficult moments. John and Leilani, we don’t just consider them our law firm, they proved to be friends.
When you buy a home, it is likely the largest purchase that you will make in your lifetime. In those circumstances, the last thing that you need is to discover that there is a problem that will make the sale of your home or the refinancing of your home difficult in the future. This could happen in many ways and is one of our major responsibilities as your solicitors to make sure that you get good title to your property.
I frequently get asked by clients to outline the differences between a purchase of a resale home and a purchase of a new home from a Builder.
From a legal point of view, the most significant difference is the Agreement of Purchase and Sale itself. In other words, the contract is the difference. The contract in the purchase of a resale home is one your real agent will go over with you and one that has many traditional answers pursuant to the law that has developed around that Agreement.
I badly injured my ankle in a motorcycle accident. From day one, which for me was the day following my accident, when you law clerk came to visit me in the hospital, I had no idea what being in a serious accident meant when it came to insurance and my rights. Leilani visisted me in the hospital and together with a further visit from Mr. Lockhart, explained how it worked and got the ball rolling on my behalf.
Who can be an Executor?
An Executor is the person named in the Will to carry out the instructions in the Will. Anyone who is eighteen or over and is of sound mind can be an Executor. The Executor can be a beneficiary. You can have more than one Executor. Try to choose Executors who will be competent and available to do the job and will not have a possible conflict between their responsibilities and their personal wishes. In Ontario, an Executor is officially called an “Estate Trustee”.
I was involved in a motor vehicle accident on October 12, 2003. My mother had used John Lockhart in the past in connection with a car accident both of my parents had been involved in while in the States a few years prior. Mom referred me to John. I felt that John and his staff did an excellent job of representing me and getting me a fair settlement, even though it was a lengthy battle to settle. I want to thank Mr. Lockhart and his crew for the best job ever.
Being hit by a car and ending up in the hospital is the last thing anyone would want to experience, but if you do ever find yourself in that position, I can wholeheartedly recommend the services of Tannahill, Lockhart & Clark Law. John Lockhart was honest, compassionate and sensible in the handling of my case. He provided information and support in dealing with medical professionals, therapists and insurance companies and was thorough and persistent in obtaining for me the best possible settlement in the shortest amount of time. All of the staff were thoughtful and considerate, making me feel at ease and well prepared throughout all of the negotiations. If you ever need help with a personal injury claim due to a motor vehicle accident, you know you can trust yourself to the excellence of Tannahill, Lockhart & Clark Law.
Everyone knows what a Will is. Most people agree that they should have one yet approximately one half of all Canadians do not. Your Will may be the single most important document you ever sign. Reasons for having an up-to date will include the following:
Jointly held assets, whether real estate, bank accounts or other investments are not part of the Estate. There is a right of survivorship and by law the asset becomes the property of the surviving joint owner, regardless of what the Will says or whether or not there is a Will. Probate fees are not payable on the value of such assets, and ownership can pass without the necessity of a Certificate of Appointment of Estate Trustee with a Will (formerly called Letters Probate). If a client arranges his or her affairs so that most of the assets are owned by him or her with another as joint tenants, the value of the property is not part of the Estate for probate fee purposes until the death of the second owner.
One of the goals many people have in Estate Planning is to minimize taxes and other estate administration costs such as probate fees. The purpose of probating a Will is to establish the authority of the personal representative to deal with the estate assets. Although the authority of Executors (now called “Estate Trustees”) stems from the Will, financial institutions and other third parties sometimes require judicial confirmation that the individual purporting to be the Estate Trustee has proper authority. Where there is a Will, the court is simply verifying that it is valid and is the latest Will. If there is no Will, the court is actually appointing the Estate Trustees and their authority to act stems from the court appointment. Terminology has changed. The court used to issue “Letters Probate” to validate a Will and “Letters of Administration” to appoint an Administrator if there was no Will. The court now issues a “Certificate of Appointment of Estate Trustee with a Will” or if there is no Will, a “Certificate of Appointment of Estate Trustee without a Will”.