Small Claims Court Considerations: Jurisdiction, Procedure and Costs
In Ontario, the Small Claims Court offers parties a more expedient, cost-effective process for litigating smaller value claims, in comparison to the processes of the Superior Court. The most common consideration for litigants pursuing small claims matters is the monetary cap on claims, however, there are other, lesser known, considerations which should be contemplated prior […]
New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming Soon
Private corporations governed under the Canada Business Corporations Act (“CBCA”) will soon be required to report certain information about individuals with significant control directly to Corporations Canada. Current Regime In an effort to increase transparency around beneficial ownership of corporations and to curb illegal activities such as money laundering, tax evasion, and terrorist financing, it […]
The Endangered Species Act in Action
Biodiversity is immensely important to our ecosystem. Species at risk face considerable threat to their continued existence, much of which results from human harm to their natural habitat. Ontario’s Endangered Species Act, 2007, S.O. 2007 c. 6 (the “ESA”) recognizes not only the need for biodiversity but also the need to protect habitats to lessen […]
Navigating Disputes Regarding Funeral and Burial Arrangements
Disputes over funeral and burial arrangements can arise after the death of a loved one. These disputes may involve disagreements over the funeral arrangements, including date, location, and content of the service, disposal of the body, including whether the body should be buried or cremated, and disputes over the burial location or who will possess […]
Best Interest of the Child Analysis Reigns Supreme in Family Law
Most parents believe that they consistently act with the best interests of their children in mind, and almost all parents want the best for their children. An acrimonious divorce, however, can challenge parents’ abilities to determine what is genuinely in the child’s best interest compared to what is in the parent’s best interest. This is […]
A Matter of Thinking: Estate Litigation – October 2022
The 2021 Amendments to the Divorce Act: What Does the Terminology Mean?
In March 2021, the government ushered in the first significant changes to the Divorce Act, RSC 1985, c 3 (2nd Supp) in over 35 years. The federal government made many significant changes, but some of the most notable are changes in terminology and definitions. In particular, the terms “custody” and “access” were removed from the […]
Incorporating in Canada: Mapping the Territory
In a previous blog we talked about how to access the Canadian market from a legal perspective. If incorporation is the right move, the next question is where to incorporate. Canada is a huge country, comprised of ten provinces and three territories, each with its own company-enabling legislation. In addition, you can incorporate at the […]
No-Contest Clauses in Wills: When Are They Void?
Disputes over a will after a testator has died can result in costly and time-consuming litigation. Testators may anticipate this conflict and try to avoid it by including a no-contest clause in their will. These clauses seek to dissuade beneficiaries from litigating by stating that if a beneficiary challenges the will, they forfeit their entitlement […]