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Applying to Remove an Estate Trustee: Replacing Executors

Date: 06 Mar, 2014

There are a number of reasons why a party would want to remove or replace an estate trustee. In this blog post I want to canvas the important elements that the court will look at when an application for a appointment of a new trustee is brought. I will also look at some of the […]

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IS SMALL CLAIMS COURT AN OPTION IN FAMILY LAW CASES?

Date: 06 Mar, 2014

The general answer is no. The jurisdiction for dealing with Family Law matters with respect to custody, access and property rights under the Family Law Act, are solely the jurisdiction of the either the Superior Court or the Ontario Court of Justice, Family Court Division. However, common-law couples, when they separate, can use Small Claims […]

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Wrongful Dismissal

Date: 06 Mar, 2014

Your termination of employment may be justified if the employee’s behaviour includes verbal threats of violence or physical misdeeds. In June 2010, the Ontario government changed Ontario’s Occupational Health and Safety Act. These amendments, which are described as Bill 168, place upon the employer a positive duty to deal with workplace violence and harassment. In […]

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Summary Judgment Motions in civil matters

Date: 06 Mar, 2014

The government and the courts have been striving with limited success to reduce legal fees and to shorten the court process. There has been available for a long time, the ability of a litigant to bring a motion for summary judgment. It gives any party to a civil litigation action, the opportunity to ask the […]

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THE NEW TORT OF INVASION FOR PRIVACY

Date: 06 Mar, 2014

The Ontario Court of Appeal in 2012 in the case of Jones v Tsige, has created a new cause of action or a basis for suing someone. The exotic title of this is called intrusion upon seclusion. The technical components of this new basis for suing someone civilly is: [list type=”decimal”] An intentional or reckless […]

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