Author name: Jason Ward

ONTARIO COURT OF APPEAL BACKS ME UP – HOW I REPRESENT INCAPABLE PEOPLE IN LAWSUITS (FAMILY CONFLICT)

Periodically I am appointed by the Superior Court (or the Ontario Public Guardian and Trustee) to act for the interests of an incapable person, who needs representation and support. Often this arises in disputes among family members over the incapable person’s power of attorney for either property or personal care, or both. This is a […]

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YOU CANNOT BE ARRESTED IF ACTING LAWFULLY “NO ANTICIPATORY ARREST“ SUPREME COURT

The Supreme Court has now decided that the police have no power to arrest a person who is acting lawfully, even if the justification would be to prevent a potential crime from being committed. For example, if you were involved in a protest, but you were acting lawfully, the police have no authority to arrest

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CAN I BE FIRED FOR CAUSE FOR BEING CHARGED WITH ANY CRIMINAL OFFENCE, OR OTHER OFF-DUTY MISCONDUCT? SHORT ANSWER: NOT LIKELY

There is no dispute in Ontario that employers are permitted to apply reasonable rules and standards on employees in the workplace. They may discipline and fire employees, if appropriate steps by them are taken and there are proper grounds to do so, at law. Employees who break the rules or engage in serious misconduct in

CAN I BE FIRED FOR CAUSE FOR BEING CHARGED WITH ANY CRIMINAL OFFENCE, OR OTHER OFF-DUTY MISCONDUCT? SHORT ANSWER: NOT LIKELY Read More »

KILLER CREDIT – TIPS FOR DEALING WITH CREDIT AGENCIES REPORTING DEBTS

What if you learn that someone has reported a debt against you that is wrong or is being disputed by you? Since your credit rating and your ability to secure credit may be significantly compromised, you wish to challenge the reporting but what is the recourse. Collection agencies in Ontario are governed by the Collections

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DOES YOUR CHILD’S VOICE MATTER IN YOUR FAMILY LAW DISPUTE?

Decisions regarding custody and access have an immense impact on the best interests of the child. In order to ensure that the best interests of the child are met, there are three commonly employed methods of incorporating a child’s views and preferences into the judicial process. Representation of the child by a lawyer is perhaps

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BACKGROUND CHECKS ON EMPLOYEES – IT AIN’T SO EASY ANYMORE – THE NEW DEAL

Background checks of potential employees and volunteers has always been an important recruiting and screening tool for potential employers. Ontario has overhauled its legislation, effective November 1, 2018. Now, the Ontario government has applied uniform, standardized checks available and the information that can be obtained. No more discretionary decisions by the local police service. Everybody

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ESTATE PLANNING – MAKE SURE YOU DEAL WITH YOUR LOYALTY REWARD POINTS, OR POTENTIALLY LOSE THEM

You likely have loyalty-based reward points of some kind, such as Air Miles or Aeroplan. You might be surprised that the reward points you accumulate may not be transferable by you to your beneficiaries. It depends on the contractual terms and conditions of your program, which you likely have never read or considered. You should

ESTATE PLANNING – MAKE SURE YOU DEAL WITH YOUR LOYALTY REWARD POINTS, OR POTENTIALLY LOSE THEM Read More »

DON’T EVEN HOLD YOUR PHONE IN YOUR CAR – THE LAW IS CLEAR (AND STRICT)

Distracted driving in Ontario is now the most common cause of accidents on the road, including fatalities. Increasingly you notice the vehicle ahead of you does not promptly move forward on the green light (because a mobile device is being used). Alternatively, you  regularly see the driver beside you using a cell phone while stopped

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