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Land Titles First Dealings Probate Exemption – Part 2

dale
Date: 02 Sep, 2021

When a lawyer looks at the Province of Ontario’s Parcel Register, one can find an official record of the legal status of any parcel of land in Ontario.  Some people take advantage of other online services, but those are not legally reliable.  There is no substitute for a parcel register operated by the Province of […]

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Put on Notice: Only 60 Days to Report Slip and Falls

dale
Date: 20 Aug, 2021

By: Rebecca Rosenberg In December 2020, Bill 118, the Occupiers’ Liability Amendment Act, became law in Ontario. Now, someone who experiences a slip-and-fall such as on snow or ice on another’s property must provide the other party with written notice within 60 days. The previous limitation period for reporting these types of accidents was two […]

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A COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 2

dale
Date: 20 Aug, 2021

The Presumption of Resulting Trust Part 2 of 2 MY OBJECTION IS BASED ON A NUMBER OF GROUNDS Clearly there is a moral to this story, which is if you do not want to find yourself swimming in shark infested waters, do your very best to ensure that there is something in writing and indeed […]

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A COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 1

dale
Date: 20 Aug, 2021

The Presumption of Resulting Trust Part 1 of 2 There are laws floating out there that are the equivalent of silent sharks ready to devour reasonable expectations.  One of those laws is the presumption of resulting trust.  In the recent Ontario Court of Appeal decision in MacIntyre v. Winter, the court permitted the shark to […]

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The Common Law Reconciliation Rule – An Ancient Relic?

The Common Law Reconciliation Rule – An Ancient Relic?
Date: 06 Aug, 2021

By: Rebecca Rosenberg An established common law principle (law made by judges) dictates that a separation agreement (a legal contract outlining how a couple will settle issues around their separation) becomes void if the parties reconcile. The idea behind this rule is that it doesn’t make sense to enforce an agreement if the very basis […]

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SCJ should be in Small Claims Court

Date: 21 Jul, 2021

Civil Litigation Our former partner, the Honourable Mr. Justice Kurz strikes again Suing in Superior Court when you should be in Small Claims Court is an abuse of process Our former and greatly missed partner, the Honourable Mr. Justice Marvin Kurz of the Ontario Superior Court of Justice continues to make important decisions, which have […]

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Stressed About the Mortgage Stress Test…

Stressed About the Mortgage Stress Test
Date: 11 Jun, 2021

By:  Rebecca Rosenberg Effective June 1, 2021, the federal government has implemented a higher bar for the mortgage “stress test”. The amended stress test will now be set at either the higher of 5.25 per cent or two full percentage points above the borrower’s current mortgage rate. While the new level is only half a […]

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Parents Beware!

Parents Beware
Date: 04 Jun, 2021

By: Amanda Dale A recently decided case by the Superior Court of Justice in Ontario makes clear that a child does not need to get along with his/her parent in order to receive child support. In the case of Nicholson v. Nicholson, 2021 ONSC 3588, the court decided that an 18-year-old child was entitled to […]

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