Noting Suspicious Circumstances
In the case of a will, suspicious circumstances questioning capacity may be (1) circumstances surrounding the preparation of the will, (2) circumstances tending to call into question the capacity of the testator, or (3) circumstances tending to show that the free will of the testator was overborne by acts of coercion or fraud. (See Vout […]
Interpreting Releases
In a decision released on July 23, 2021 the Supreme Court of Canada replaced the rule in Blackmore with the standard contractual interpretation principles. Corner Brook (City) v. Bailey represents a major change in how Releases are to be interpreted. The Rule in Blackmore In 1870, the Blackmore rule established that the general words in […]
Regulatory Reorganization Establishes the College of Patent Agents and Trademark Agents
The regulatory and legal framework for Patent and Trademark agents underwent considerable reform this past summer. On June 28th, 2021, the College of Patent Agents and Trademark Agents Act (the “Act”) came into force. The Act institutes a new professional regulatory College. The Act’s purpose is to “regulate patent agents and trademark agents in the […]
Substance Over Form: Are the Less Discussed Provisions of Bill 27, Working for Workers Act, 2021, More Likely to Impact the Quality of Employment in Ontario?
On December 2, 2021, Bill 27, Working for Workers Act, 2021, (“WFWA”) received Royal Assent, becoming law in Ontario. This omnibus piece of legislation amended multiple statutes. Media Focus Some of the ESA amendments found in the WFWA gained most of the media’s attention. The ESA has historically been politicized in Ontario and its amendments […]
Winter Cycling
Winter will soon arrive, but, despite the colder temperatures and snow-covered roads and bike paths, some cyclists will continue to enjoy the fresh air from the saddle of their bike. If you are one of these hardy souls, there are some important things to consider before braving winter weather. The first consideration should be your bike. […]
How Will You Be Judged? Aggravating and Mitigating Sentencing Factors in OHSA Convictions
As discussed here in a previous blog post, section 66(1) and (2) of the Occupational Health and Safety Act (“OHSA”) gives the court broad discretion to impose punishments for breaching the statute. Currently, for OHSA convictions, corporation face fines as high as $1,500,000. Individuals face fines as high as $100,000 and/or a maximum of 12 […]
Is the Company Doctor In?
Physicians practicing in Ontario can incorporate their medical practices and operate as a medicine professional corporation (“MPC”). The privilege to incorporate was a concession of the Ontario government in the early 2000’s, intended to confer tax planning options to doctors in lieu of service-related fee increases. Other professionals, such as dentists, veterinarians and real estate […]
Child Support During a Pandemic: How Has the Pandemic Impacted Child Support Payments from Self-Employed Payors?
The COVID-19 pandemic has had global implications across all areas of industry. In some cases, the pandemic has been catastrophic to entire industries such as airlines and travel. In other industries, such as technology, income has increased and business has escalated quickly. Employers and companies did not know how to react to the onset of […]
Invasion of the Wild Pigs
Although it may not be apparent in our urban Ottawa environment, Ontario has a potential pig problem and the provincial government has recently introduced a policy and finalized amendments to the Invasive Species Act, 2015, S.O. 2015, c.22 (Ontario Regulation 354/16) to address it. The amendments take effect January 1, 2022. Invasive wild pigs are […]