I frequently speak with potential will challengers, usually someone who has been omitted from the will, or received much less than other beneficiaries of the same relation to the deceased, like their siblings. ...
In our homes, pets are often viewed as family members, rather than as assets or objects to be divided. In Ontario, however, the issue of pet custody is treated differently from that of child custody, since the courts typically categorize pets as personal property rather...
There has been considerable encouraging news regarding the imminent release of effective COVID-19 vaccines. While this is undoubtedly news we have all been waiting to hear, for some separated parents, the availability of a COVID vaccine may reopen old differences relating to medical decisions...
Many separated and divorced parents have faced wrenching decisions about their children’s schooling this fall, due to the COVID-19 pandemic....
The Covid-19 pandemic has proven just how adaptive and resilient we are as a society. In the face of this crisis, we have embraced drastic changes to how we live, work, shop and even interact with one another....
The Ford Government has made a crucial, temporary change to Ontario's Employment Standards Act (ESA) that will impact countless employers and employees in the Province....
Last week, we brought you news about an urgent Court session that would be taking place in Ontario to address the question of whether a Wills and Powers of Attorney can be signed using Zoom (or a similar service)- with the testator and the witnesses in different...
The Superior Court in Ontario has agreed to hear an urgent case that addresses what has become a critical issue during the Covid-19 pandemic: can a Last Will be validly witnessed online, via Zoom, or a similar a video conference platform....
With words like “pandemic” and “state of emergency” being used to describe the novel coronavirus, it is understandable to feel a bit overwhelmed....
The term intersex refers to persons born with genitalia, chromosomes or reproductive organs that do not conform to a single gender. Far from unusual phenomenon, it is estimated that almost two per cent of the population is born with some form of intersex variation....
Henson trusts for persons with disabilities have long been an important way for Canadian families to provide for children or adults with physical challenges....
With mandatory retirement no longer legal in Ontario, older employees are gaining stronger protections. Employers must tread carefully—forced retirements can lead to significant wrongful dismissal claims....
Many people are familiar with the obligations to provide support for a spouse and for children that can arise when two people separate. There is a fairly equal, but perhaps less well known, obligation for the Estate of a deceased person to provide financial support...
Last week, an interesting Ontario Court of Appeal case that I recently argued, Floward Enterprises v Winberg Estate 2017 ONCA 448, was featured on Lawyer's Daily. The full article is available here....
Under Ontario law an employee terminated without just cause must receive either reasonable notice or pay in lieu. While the Employment Standards Act sets a statutory minimum—such as termination notice and severance pay—it is common law that often provides far greater compensation for longer-serving or...
A common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is to file an application for a certificate of appointment with best estimate values of certain...
Ontario courts look at the true nature of a work relationship—not just what the contract says. If a worker behaves like an employee (e.g. under direction, using company tools, with little financial risk), they may be legally considered one. Misclassifying employees as contractors can lead...
This series of articles will cover the many stages that an executor (now also known as an "Estate Trustee") must pass through in managing the affairs of a deceased- from the immediate aftermath of death, to the final distribution of the Estate. Even if there...
Some might feel that being an Estate Trustee is an utterly thankless job. I'm here today to tell you that isn't totally accurate. Trustees are entitled to a small 'thank you' in the form of a tariff on the work they do. Unfortunately, calculating the size of...
Can Your Last Will and Testament Prevent Your Ex From Getting Child Custody After Your Death?...