When Layoff Is A Termination Of Employment
[vc_row][vc_column][vc_column_text]March 9, 2012 By Brad Smith A December 9, 2011 court decision confirmed and applied two legal principles in employment: continued employment is not sufficient consideration for changes to employment and there is no right of lay off at common law (the right of lay off must be included in the contract of employment). As a […]
Invasion Of Seclusion
[vc_row][vc_column][vc_column_text]March 6, 2012 By Brad Smith On January 18, 2012 the Ontario Court of Appeal broke new legal ground in the case of Jones v. Tsige: it created the tort of invasion of seclusion. It is a common law right to damages for invasion of privacy. There are three elements that must be proven. First, there has to be […]
The Effects Of Child Support Overpayments, Cost Of Living Adjustments, And The FRO
[vc_row][vc_column][vc_column_text]February 22, 2012 By Mark Mikulasik The Family Responsibility Office (FRO) announced this week that it is currently taking steps to address administrative errors that resulted in overpayments of child support to thousands of Ontario residents, totaling close to 5.3 million dollars, and in some cases dating back to 1997. Those affected by the error may receive a “Notice of Cost of […]
Bill 133 – Family Law And Changes To Workplace Pensions
[vc_row][vc_column][vc_column_text]February 16, 2012 By Mark Mikulasik Divorcing or Separating? Do you have a workplace pension? If so you should be aware of changes in the law. Rules governing division of workplace pensions on divorce or separation under the Ontario Pension Benefits Act and the Ontario Family Law Act were amended by Bill 133 and will be effective January 1, 2012. […]
What’s New For 2012? The New Child Support Guidelines Table Amounts
[vc_row][vc_column][vc_column_text]February 15, 2012 By Brad Smith The Federal Child Support Guidelines have been in effect since May 1, 1997. The table was amended in May 1, 2006. In 2006 there was, in some situations, a quite dramatic increase in the amount of child support. The tables have been amended once again effective December 31, 2011. There has not […]
Disabled Beneficiaries And Discretionary Trusts
[vc_row][vc_column][vc_column_text]January 11, 2012 By Paul Jasiura Do you have disabled children? or grandchildren? or others who are or could potentially become beneficiaries of an interest in your Estate? Are your present plans of Investments and Life Insurance in danger of simply replacing Government Benefits otherwise available to these children or grandchildren? Are you aware of the […]
Registered Disability Savings Plan And Ontario Disability Support Program
[vc_row][vc_column][vc_column_text]January 5, 2012 One in every ten Canadian families is affected by a disability. Depending on the nature of the disability and the person’s financial status, he or she may be eligible to receive government assistance to help with various costs of living or even to help with saving for the future. The following are […]
The Mandatory Information Program For Family Law Disputes – What Does It Mean For You?
[vc_row][vc_column][vc_column_text]September 15, 2011 By Fhara Pottinger The legal system in Canada is designed to deal with property and not people. As a result, family disputes are a poor fit, because even when they appear to be about property, they are mainly about people. In spite of various no fault reforms, emotions tend to run high in […]
What Is A Power Of Attorney For Personal Care And A Power Of Attorney For Property
[vc_row][vc_column][vc_column_text]August 15, 2011 A Power of Attorney for Personal Care delegates to your named attorney or attorneys the authority to make decisions regarding your care. Your attorney or attorneys can only exercise the authority under the Power of Attorney for Personal Care if one or more physicians determine that you are no longer capable of […]
Wills: Don’t Wait, Do It Now
[vc_row][vc_column][vc_column_text]July 21, 2011 By Brian Babcock Sometimes unexpected illness or declines in mental health occur before you can prepare your will or update it to reflect changes in assets or intentions. More often, however, delay is the result of inattention. The cost of this omission can be expensive court proceedings regarding the estate and unnecessary stress […]