April Emergency Break Restrictions
In response to an alarming increase in COVID-19 cases and intensive care admissions reaching a record high, premier Doug Ford announced that the Ontario government will implement a 28-day “emergency break” across the province, effective at 12:01am on April 3, 2021. During the “emergency break”, some non-essential services will be required to close, including indoor […]
Buying a Home Under Power of Sale? Proceed with Caution
With the price inflation in today’s current market resulting in homes becoming unaffordable for many, Buyers are turning to properties being sold under power of sale. While purchase prices on power of sale properties may be appealing, especially in this market, there are risks, clauses and conditions associated to proceeding with this type of purchase […]
New Trust Reporting Requirements Introduced for Taxation Years Ending after December 30, 2021
Currently, the Canadian government only requires a trust to file an annual T3 “Trust Income Tax and Information Return” if: (a) it has income taxes payable; or (b) if it makes at least one distribution during the year. Trusts that have had no activity during the year or have no income tax payable, are generally […]
The Times, They Are a Changing: New Tort in Ontario – Internet Based Harassment
The common law in Ontario is notoriously hesitant of changing too quickly, and the area of tort law is no exception. Nevertheless, the rapid growth of the internet has forced Ontario tort law to expand its reach within the past decade. This is largely because the internet is increasingly being used with malicious intent. These […]
Key OCA Ruling on the Enforceability of a Termination Clause in an Employment Agreement
A recent decision by the Ontario Court of Appeal in Waksdale v Swegon North America Inc., 2020 ONCA 391 has put the enforceability of many employment contracts into question. Leave to appeal to the Supreme Court of Canada was refused in January 2021 meaning that the Court of Appeal’s decision stands. The practical implication of […]
COVID, Mental Health and Family Law
There is lots in the news about the impact of the COVID pandemic (and resulting restrictions) on mental health around the world. In the family law world, this issue got some recent attention from Justice Pazaratz in his decision in I.L v. C.R. in which His Honour considered the best interests of children who had […]
Ambiguous Wording in Will Has Court Grappling With Question of Life Interest vs. License
Will interpretation cases are always interesting and serve as an important reminder to use great care when drafting estate planning documents. Barsoski v. Wesley was an application for directions in which the interpretation of the Will for a determination of the proprietary interests of the respondent, Robert Wesley, was at issue. Diana Barsoski was a […]
What Polyamory Can Tell Us About Navigating Access During the COVID-19 Pandemic
COVID-19 rules can be hard to navigate with a blended family. Orders to associate only with your own household often do not take into account the reality of families where parents have new partners and children travel between homes. The family bubble can start to look like a venn diagram and parents are left to […]
Majorities Don’t Rule: Applications to Remove Estate Trustees
In the recent decision of Dewaele v. Roobroeck et al., Justice Sheard of the Ontario Superior Court of Justice considered an Application brought by a sister to remove her two brothers as co-estate trustees of the three siblings’ parents’ estates. Co-estate trustees need to act on a consensus basis, unless an alternative is clearly spelled out […]
