How does a court interpret a Will when the meaning of the Will is not particularly clear or makes no sense? This issue has been debated by courts for a lengthy period of time. In the recent 2021 Superior Court decision of Justice David Broad in Fletcher v. VanSickle, the guiding principles of the law […]
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Tort law aka civil claims for damages is not a fixed class. An example of a Tort that we are all familiar with is negligence such as when a person is not paying attention and causes you harm in a motor vehicle accident. However, as society and technology moves along Tort law, which is generally […]
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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 other online services, but those are not legally reliable. There is no substitute for a parcel register operated by the Province of Ontario […]
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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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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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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 short answer seems to be no. Donor means the person making and giving the Power of Attorney. Testamentary means – through one will or upon your death. In the Ontario case of Richardson v. New, the court held that a beneficiary designation is the same thing as a testamentary disposition. This was upheld later […]
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Our firm has for years been referring all of our client’s personal injury claims to Mr. Smitiuch in Toronto. Recently the Ontario Court of Appeal confirmed a huge and groundbreaking win by him. By: Rebecca Rosenberg The Ontario Court of Appeal (“ONCA”) shed light on the standard of reviewing damage awards for loss of care, […]
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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 […]
Read MoreCivil 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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