Patent and Latent Defects

 

Many properties in Calgary have recently been renovated. A shortage of skilled trades has contributed to renovations being completed without proper permits or failing to meet building code standards. Two recent court decisions have dealt with renovations. The analysis of what constitutes a latent or patent defect is very useful.

 

Calder v. Martin (2007) Alberta Provincial Court 


Mr. Martin, the seller, decided to renovate the unfinished basement in his house to improve its marketability. Mr. Calder, the purchaser, viewed the house when the renovations were substantially complete.
 
Mr. Calder employed a home inspector to prepare a report on the property. The inspector performed a limited electrical inspection and his report indicated a more thorough inspection by a qualified electrician would be necessary for verification. The wiring in the basement renovation violated Building Code regulations. This was not discovered in the home inspection. Mr. Martin argued that the electrical code deficiencies were patent defects discoverable upon inspection.

 

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Wills and more


Important Reminders When Having a Will, Personal Directive &/or Enduring Power of Attorney Prepared
If you have had, or are contemplating having a Will, Personal Directive and/or Enduring Power of Attorney, (“the Documents”), prepared at Kahane Law Office, the following information is important to note.
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Wills, Enduring Powers of Attorney, Personal Directives

Wills Procedure

You will meet with us to discuss your wishes at the first meeting. We ask that you provide us with a retainer at the first meeting. At the second meeting, we will review and sign the documents. There is ususally a two-week (maximum) time period between the first and second appointments.

 

Before your first visit, you will want to contemplate the following, and if applicable, please discuss with your partner:

  • An executor and alternate executor 
  • Guardians for your children
  • The age at which you would like your children to inherit
  • Common disasters
  • Medical procedures or life saving measures to be undertaken or specifically excluded (ie. life support, organ donantion, etc.)

Wills Fees

Please refer to our flat rate fees page. Please note that if your estate is complicated, we will arrange other payment schedules at the first meeting.

 

More Information

If you require more information about Wills, Personal Directives or Enduring Powers of Attorney, please refer to our article containing  more important information .

 

Other Applications

Grant of Probate, Administration

For a standard grant, our fees are $2,250.00*

For property transfers please see our real estate fee schedule.

 

Dependent Adult Application

For a standard application, our fees are $2,000.00*

 

* Note: Plus GST & disbursements. If our standard fees will not apply to your particular situation (ie. Will, Probate, Dependent Adult) we will inform you during our first meeting.

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