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 […]
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 […]