Weilers LLP

Can Someone With Alzheimer’s Disease Make A Will?

[vc_row][vc_column][vc_column_text]June 2, 2011 By Brian Babcock There are many good reasons to make your will now, rather than putting it off. Accident and illness generally are always risks, but increasingly, diminished mental capacity is becoming an issue. Although diminished capacity does not necessarily mean incapacity, it can create confusion, increase costs, and increases the risk that […]

The Value of a Trademark

May 3, 2011 By Brian Babcock A 2004 Ontario Court of Appeal decision illustrates the value of trademark registration. Molson Breweries markets an ale called “ Export”. Another brewery, Oland, owned by Labatt’s has also for many years sold ale called “ Export”, previously only in Atlantic Canada. Oland has a registered trademark of its […]

A New Option For Separating Spouses

December 17, 2010 [vc_row][vc_column][vc_column_text] “Love is a feeling, marriage is a contract, and relationships are hard” – Lori Gordon When relationships stop working and that contract needs to be dissolved, there used to be two options – either the parties came to an agreement, which became known as the separation agreement, or everyone went to […]

Employee Records: New Developments In Defamation

[vc_row][vc_column][vc_column_text]November 16, 2010 By Brian Babcock Words are not just the lawyer’s stock in trade – they are the building blocks of any legal dispute. Every document in an employee’s file is a source where a disappointed employee or former employee may find grounds for a claim for damages. Sometimes, the old adage “the less said […]

Changes To Ontario Accident Benefits Will Affect Your Next Renewal

[vc_row][vc_column][vc_column_text]November 2, 2010 By Brian Babcock Effective September 1, 2010 the Ontario standard form automobile policy changed, for the fourth – or perhaps fifth – time in twenty years, to conform to new regulations relating to statutory accident benefits (sometimes referred to as “no fault benefits”). These are the benefits paid beginning immediately after an accident […]

Child Support

[vc_row][vc_column][vc_column_text]March 30, 2010 By Brad Smith Child support, for married or unmarried spouses, is determined according to the Child Support Guidelines. Child support is the amount set out in published Tables according to the number of children, the income of the support payor plus “special or extraordinary expenses”. For example, according to the Tables, in Ontario, […]

Custody And Access Of Child

[vc_row][vc_column][vc_column_text]March 23, 2010 By Brad Smith Custody of a child is determined according to the best interests of the child. Factors considered in determining the best interests of a child include: the love, affection and emotional ties between the child and parent the age, views and preferences of the child the length of time the child […]

An Introduction To Family Law

[vc_row][vc_column][vc_column_text]March 17, 2010 By Brad Smith There are several issues that arise in family law, including spousal support, child support, possession, division, and equalization of property and custody and access of children. These do not arise just at the time of separation of spouses. These issues should be addressed several times in the life of you […]

Court Reform Features Increases To Limits Of The Small Claims Court And Simplified Rules

[vc_row][vc_column][vc_column_text]February 1, 2010 By Brad Smith Several important changes affecting the civil courts designed to increase access to justice, reduce delay and lower the costs of court proceedings came into effect on January 1, 2010. The changes make court proceedings more economical. Previously, a person may have not pursued a claim, or settled it unfavourably, because […]

Bill 168 – The Occupational Health And Safety Amendment Act

[vc_row][vc_column][vc_column_text]December 15, 2009 On December 15, 2009 Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) received Royal Assent. Bill 168 will be in effect on June 15, 2010. Bill 168 amends the Occupational Health and Safety Act to address workplace harassment and workplace violence (including a threat to exercise physical force). This […]