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 […]
Changes To Odsp Allows For More Freedom In Long-term Planning For A Loved One Living With A Disability
July 25, 2018 By Paul Jasiura Estate planning provides you with the opportunity to ensure your loved ones are taken care of in the long term. However, when a loved one is living with a disability, and is receiving income support from the Ontario Disability Support Program (ODSP), proper estate planning is even more essential to […]
Have You Checked Your Tires Lately?
November 30, 2017 By Brian Babcock The owner of a vehicle has a responsibility to make sure that their vehicle is safe to operate. This includes the condition and inflation of the tires. On November 21, 2017, the Court of Appeal decided an unusual case, House v. Baird in which the owner of a vehicle being driven by […]
Let The Buyer “Beware”
October 30, 2017 By Brad Smith Ghosts and goblins can play a role in the law. There is Latin phrase, caveat emptor, which means, let the buyer beware. This was never so true in a recent court case, 1784773 Ont. Inc. v K-W Labour Association et al. After selling some property, the seller reported in the local […]
Relief Denied: Freedom Of Contract Affirmed
October 27, 2017 By Brian Babcock In a recent article, I explained how the Ontario Court of Appeal had clarified the law of “relief from forfeiture.” Now, the Court has considered the importance of confidence that bargains will be enforced. This means that relief from forfeiture must be rare, and subject to defined principles. Relief from forfeiture […]
Changes To Ontario Disability Support Program
September 20, 2017 By Paul Jasiura Co-authored by Adam Castonguay (Law Student, Bora Laskin Faculty of Law) Disabled persons in Ontario are eligible for income support benefits through the Ontario Disability Support Program (ODSP). In order to ensure that only people in need receive the benefits, there is a limit on the assets owned by the recipients and […]
Taylor Swift And A Dollar In Damages
August 15, 2017 By Brian Babcock Taylor Swift only sued for one dollar in damages in her counter-suit for assault against the former radio DJ who had sued her for allegedly ruining his career. Odds are you know the story. In most cases involving sexual assaults, the damages will be more than one dollar. In fact, […]
The Meaning And Effect Of Hiring An Employee On Probation
July 18, 2017 By Brad Smith There is a presumption that an indefinite employment contract can be terminated by providing the employee with reasonable notice. This includes short-term employees. This presumption is overcome if the parties agree to a period of probation. The Ontario Court of Appeal has clarified the meaning of a probationary employee and […]