Removing a Power of Attorney: A High Bar to Meet
Executing powers of attorney is an important component of estate planning and allows individuals to decide who will manage their affairs should they become incapable of doing so. Individuals can appoint an attorney for property decision-making and for personal care decision-making. A power of attorney for property may provide that is effective on a specified […]
Estate Litigation: Ways Forward Where an Estate Trustee is Unable to Locate or Contact a Beneficiary
Acting as an estate trustee can be a burdensome task, and it can become particularly difficult in circumstances where beneficiaries cannot be so easily found or located. This can occur where beneficiaries live abroad; are distant family members; or are missing persons, for example. In situations where a beneficiary’s whereabouts are unknown, several options, outlined […]
A Manner of Speaking: Estate Litigation – December 2022
Unionized Employees Can Bring Applications Directly to the Human Rights Tribunal of Ontario
In a recent decision called Weilgosh v London District Catholic School Board, the Human Rights Tribunal (“HRTO”) determined that it had concurrent jurisdiction with labour arbitrators to determine human rights issues for unionized employees. This potentially opens up a “passing lane” for unionized employees to seek a remedy, without first having to exhaust the grievance […]
Buying a Resale Condo? Here’s What You Need to Know About the Status Certificate
When purchasing a unit in a building, you will share certain financial and other responsibilities with other unit owners regarding the property’s common elements. As such, it is important to inquire about how the condominium is being managed. To this effect, the first thing you should do as a potential buyer is to obtain an […]
A Manner of Thinking: Environmental Law – December 2022
Nurture Over Nature: Evolution of Grandparents’ Rights in Court
Grandparents often play a special role in the lives of children and sometimes even step in to support their grandchildren during tumultuous times like separation or divorce. But grandparents’ rights to have parenting time and decision-making rights or even contact have not always been well supported in law. However, over time, courts have moved away […]
How is a Status Quo Established for Parenting?
When a Court is charged with structuring a parenting arrangement leading up to trial, the bench is often faced with conflicting and untested evidence about what is in the best interests of the child. Part of this ‘best interests’ test includes consideration the parenting status quo in accordance with section 24(3)(d) of the Children’s Law […]
Employer Electronic Monitoring Policies in Ontario
The Employment Standards Act, 2000, “ESA” has been amended to require that Ontario employers create an electronic monitoring policy per the requirements of Bill 88, Working for Workers Act, 2022. The amendment to the ESA, and the specific provisions can be found under section 41.1.1. The legislation mandating this requirement states that the policies […]