Moral Damages for Wrongful Termination of Employment
July 30, 2020 By Brian Babcock Traditionally, if you were fired without cause (“wrongfully dismissed”), you could collect damages equal to pay in lieu of notice (because no job is guaranteed indefinitely, all your employer owes you is reasonable notice) plus perhaps some modest amounts for lost benefits, retraining, moving expenses or the like. On the […]
Commercial Real Estate Deals that Don’t Close
July 30, 2020 By Brian Babcock When a real estate deal does not close, you may sue for damages, or claim specific performance. The purpose of specific performance is to provide the you with the result that the contract contemplated – that is, the property. The goal in a remedy for breach of contract is to […]
What is a trust?
July 29, 2020 By Brian Babcock Every time I tell someone I will be teaching Trusts in January, I get the question back, “What is Trusts?” Since Trusts are an important part of everyday life, and not just for lawyers, I thought I ought to post an answer. The origins of trusts date back to before […]
Commercial Tenancies: Notice to Terminate
July 29, 2020 By Brian Babcock Ontario’s Commercial Tenancies Act requires that a landlord give their tenant written notice to terminate a lease. In particular, section 19(2) states that: A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in the lease, other than […]
Contempt and the Enforcement of Orders
July 29, 2020 By Brian Babcock Obtaining a judgment or court order is only the first step toward satisfaction. The order must still be acted upon or enforced. In Ontario, the Rules of Civil Procedure provide several mechanisms for collecting on a money judgment. These are distinct from the mechanism for enforcing an order for something […]
So You’re an Estate Trustee, Now What?
July 22, 2020 By Margaret Waddington This article provides a brief introduction to your role as Estate Trustee. An Estate Trustee was formerly known as an Executor or Executrix. You may have become an Estate Trustee because you were named in a Will. If there was no Will, an application can be made to the […]
What You Need To Know About “Probate Taxes”
July 22, 2020 By Margaret Waddington The Basics: First and foremost what used to be called “Letters Probate” is now called a Certificate of Appointment of Estate Trustee with a Will (or Without a Will) and the former “Probate Tax” is now called the Estate Administration Tax. The Estate Administration Tax is only paid when […]
Common-Law Marriage: Part II – The Hidden Hazards of Property Division
July 16, 2020 By Margaret Waddington As discussed in Part I of this article, common-law couples to do not have all the same rights and obligations as legally married couples, and this difference is never larger then when dealing with the division of property upon separation. Many common-law spouses believe that they will split all […]
Common-Law Marriage: Part I – It’s the same as being legally married, right?
July 16, 2020 By Margaret Waddington These days more and more couples are deciding against getting married for the seemingly simpler option of common-law marriage. Although “common-law” has several legal definitions, in the family law context it means that you have lived together for at least 3 years or for 1 year, if you have […]
What is a Voice of the Child Report?
July 16, 2020 By Kimberly Costa Voice of the Child Report (a “Report”), also known as Focused Children’s Lawyer Reports (those prepared through the Office of the Children’s Lawyer), is a relatively new development in family law matters in Canada. There is now a greater recognition of the importance of the voices of children and […]