Zombie Deeds: The Horror of Estate Law
A “Zombie” deed refers to a conveyance of an interest in property of a deceased person, executed by the deceased but registered after death. Once used by some estate lawyers as a tool to avoid probate fees by having a transfer signed in advance and registered after death, “Zombie” deeds can no longer be relied […]
To Join or Not to Join: That is the Question
Does Ontario’s Construction Act allow a trust claim to be joined with a lien claim? Until recently in Ontario the answer has not been clear. In recent years there have been a series of legislative changes to the laws that govern construction in Ontario. There has also been a series of cases that have come […]
Intimate Partner Violence is a Pervasive Social Problem, as Noted by the Court of Appeal in Ahluwalia
The long-awaited Court of Appeal decision in Ahluwalia v. Ahluwalia was released on July 7th, 2023. Justice Mary Lou Benotto, writing for the Court of Appeal, started the decision with sobering statements: “Intimate partner violence is a pervasive social problem. It takes many forms, including physical violence, psychological abuse, financial abuse and intimidation.” “What was […]
New Anti-Flip Tax for Real Estate
Speculation in the housing market has been contributing to the rapid increase in housing prices in recent years. Also called “flipping,” speculation occurs when someone purchases a home, then resells shortly thereafter to try to make a profit. In an effort to make homes more affordable, the Federal Government is seeking a reduction in flipping […]
A Manner of Thinking: Environmental Law – June 2023
Can an Employer Discriminate Against an Employee Based on Residency Status?
The Court of Appeal recently released its decision in respect of the much-awaited case Imperial Oil Limited v Haseeb. We have hyperlinked the case for those who would like to read the entire decision. Mr. Haseeb, “the Employee” in this case appealed the decision made by the Divisional Court, which overturned the Ontario Human Rights […]
Starting a Will Challenge in Ontario: An Overview of Rule 75.03
Anyone with a financial interest in an estate may challenge the validity of a will if they have legitimate grounds for believing that the will is invalid. The procedure for commencing a will challenge in Ontario is governed in most cases by Rule 75.03 of the Rules of the Civil Procedure, and it includes the […]
Some Thoughts on Lawyers and Law Firms
“A community is like a ship; everyone ought to be prepared to take the helm.” Henrik Ibsen The Bar To practice law in Ontario requires membership in the Law Society of Ontario (LSO). The LSO governs Ontario’s lawyers and paralegals in recognition of its duty to protect the public interest, to maintain and advance the […]
What is a Parenting Plan and Why Do I Need One?
A parenting plan is a written document that parents prepare to outline how they will raise their children after a separation. If you are a parent who is going through a separation or divorce, you may have many questions about how to raise your children with your former partner. One of the most important things […]