Does Your Separation Agreement Go Far Enough? Ensuring your Separation Agreement Includes a Release of Beneficiary Designations
Family Law Separation Agreements usually include a variety of release clauses; for example, there may be releases of spousal support and of a right to a further division of property. Most Separation Agreements will also include a release of rights to share in your spouse’s estate on death. In this blog we will look at […]
Removing a Trustee
Anyone who can be lawfully appointed a trustee can be lawfully removed. But not lightly. Grounds must be carefully considered, both individually and collectively. Section 5 of Trustee Act giveth and sections 5 and 37, with the help of rules 14.05(3) (a) and (c) and 75.04 of the Rules of Civil Procedure taketh away. But […]
Skills Set # 23: Decorum, Effectiveness and Excellence
Decorum To choose just one of several related definitions, decorum is “behaviour that is controlled, calm, and polite” and should be observed by barristers or solicitors alike, not as a matter of strategic expediency (which is unfortunately often the case), but as a means of striving for effectiveness and excellence. In its modern usage, decorum […]
Defences to OHSA Charges: Due Diligence Primer
Breaches of the Occupational Health and Safety Act (OHSA) are known as strict liability offences. Fundamentally, strict liability means that parties who are charged under the OHSA are limited in any potential substantive defences they bring forward in the attempts of proving their innocence. Besides procedural defences and strategies (which cannot be understated), and the […]
What Happens to Inheritances for Minor Children if You Don’t Leave a Will?
Since November is “Make a Will Month” in Ontario, I wanted to write about a question that often comes up in discussions I have not only with clients, but also with friends and family: what happens if I die without a Will and my children are minors? Distribution of Estate on an Intestacy In Ontario, […]
Nuisances, Annoyances, Disruptions – Oh, My: Condominium Authority Tribunal’s Jurisdiction is Expanding January 1st 2022
Changes to the Condominium Act, 1998 (Condo Act) have been pending for some time now, however, the wait seems to be over according to an announcement by the provincial government; some amendments to the Condo Act will come into force in a mere few months on January 1, 2022. The most noteworthy amendments deal with […]
To be Conditional or Not (When it Comes to Your Power of Attorney for Property)
In Ontario, the Substitute Decisions Act establishes two distinct powers of attorney: the Power of Attorney for Personal Care and the Power of Attorney for Property. A power of attorney for personal care takes effect if you become mentally incapable of making your own personal care decisions. In other words, the attorney cannot make personal […]
Family Law in the Digital Age: Equalization and Digital Assets
The world of digital assets is always expanding and evolving. Digital assets include anything from photos and videos to data accounts and cryptocurrency. The new kid on the digital asset block are NFTs or non-fungible tokens. While some of these types of digital assets may not be familiar to the mainstream yet, family lawyers need […]
A New Twist on Make a Will Month – Why NOT Make a Will??
As you may know, November is “Make a Will Month” in Ontario – a push to have Ontarians get their affairs in order, whether they are 18 or 88. We lawyers are always anxious to explain why one needs a will – and powers of attorney – although I think the reasons are obvious to […]