Its estimated that more than half of Canadians do not have a will. This applies to many lawyers, too. Why? Well, many just dont like to think about it. Or – I cant find time to get around to it I cant afford it right now I dont really need one Whatever the reason, your […]
GET 'R' DONE – NOVEMBER IS NATIONAL 'MAKE A WILL' MONTH Read More »
In Ontario, grandparents face a challenge when they are denied access to their grandchildren. A new Ontario case Nicholas v. Herdman (2015) is a case in point. This case mostly affirms the traditional approach of the law to grandparents seeking time with their grandchildren. Here, their granddaughter was two years old. The parents would not
DENYING ACCESS TO A GRANDPARENT – AUTONOMY, YES, BUT NOT ARBITRARY Read More »
Defamation has two forms: libel (written words) and slander (spoken words). For a defamation case, as person must prove: 1. Â Â Â Â Â Â Â Â Â Â the words at issue were defamatory (meaning they would negatively impact the persons reputation in the eyes of a reasonable person); 2. Â Â Â Â Â Â Â Â Â Â the words, in fact, referred to the person complaining about those
SO, YOU HAVE BEEN DEFAMED – THE BASICS AND WHAT TO CONSIDER: Read More »
The case: Letoria v. R (2015) – a decision of the federal Tax Court of Canada By their Family Court Order, made on consent, Mom and Dad agreed to: 1. shared parenting of their child; 2. calculate what each owed to the other for Table child support (based on their respective incomes from all sources);
If a child from Canada is abducted to a foreign country, or is not returned from vacation in or a trip to a foreign country, the left-behind parent in Canada faces a challenging process to have the child returned (but there is a legal process available). Generally, the Hague Convention on Civil Aspects of International
Appointed as an executor or estate trustee by a Will? If the deceased had tax issues on death, it can be problematic for you and expose you to liability claims by the beneficiaries. The CRA has a Voluntary Disclosure Program, which not only will help you, as executor, but increase the chance that the unpaid
There are many benefits to having a Will, too many to identify in a short blog. Here are a few of what I consider the important reasons to have a Will. With no Will: – your Estate may be given to family members you do not wish to benefit (under Ontarios Succession Law Reform Act)
WHY DO I NEED A WILL – IS IT REALLY NECESSARY? YES – A FEW REASONS……… Read More »
The Case: Morland-Jones v. Taerk, 2014 ONSC 3061 (CanLII) The Dispute: Neighbours. Mutual allegations about family pets, profanity, disturbing the peace and misbehaviour generally. An injunction was sought. The Outcome: A pox on both their houses. The Court dismissed all of the claims and, effectively, admonished both sides for usurping the limited resources of the
WHEN NEIGHBOUR DISPUTES REACH THE COURTROOM – A POX ON BOTH YOUR HOUSES. YOU BOTH LOSE. Read More »
Over the past six months, I receive more and more calls about cases involving joint bank accounts between a parent and an adult child (when the parent passed away), most of which involving disputes raised by other adult children of the parent who passes. Joint bank accounts is an increasingly popular tool used by elderly
Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a fiduciary to the person to whom they provide care. A fiduciary has higher obligations legally caregivers are now in that category. Historically there are general categories of fiduciary relationships that have evolved in Ontario. They include: agent to
FAMILY MEMBER CAREGIVERS – UNDERSTAND YOU ARE HELD TO A HIGHER STANDARD AND DUTY Read More »
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