We have discussed elsewhere the extremely complicated issue of the rights that commonlaw partners have against the other’s property in the event of a separation. Those rights are very different than those granted under the Family Law Act to married spouses. These commonlaw property rights are generally rights of equity or judge made law. One […]
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DISOBEYING A COURT ORDER CAN LEAD TO FINES OR EVEN JAIL
The courts, including those having jurisdiction over family law matters are an important representation of the state. When the court makes an Order, it is not one solely between the litigants, but more importantly, is viewed as an Order by the court itself. Failing to obey an Order of the court, can in certain circumstances […]
Read MoreMAHER (or also spelt as Mehr) ISLAMIC MARRIAGE CONTRACT ARE THEY ENFORCEABLE IN ONTARIO
Frequently, Muslims upon marriage will sign an Islamic Marriage Certificate, sometimes also titled a Marriage Contract. These are known as Mehrs. Mehrs will often contain a clause requiring the payment to the bride of a certain amount of money upon demand. These Mehrs will vary in the amount of the payment required but can contain […]
Read MoreEstate Trustee, Civil Procedure and Punitive Damages: The Power of the Courts to do More than they Were Asked For
In a previous blog post[1], I discussed the role of estate trustees and the consequences they face when they fail to live up to their fiduciary duty. The estate trustee is responsible for carrying out the last wishes of a person who died. Their fiduciary duty imposes responsibilities to look after the estate in a […]
Read MoreExecutors, Trustees and Breach of Fiduciary Duty: What Happens When an Estate Trustee Ignores Their Responsibilities?
An estate trustee is often called by the more traditional name of executor (male) or executrix (female). Their role is to carry out the terms of the last will and testament of the testator (the person who made the will). Estate trustees can be left with significant responsibilities in relation to the testators estate. Because […]
Read MoreApplying to Remove an Estate Trustee: Replacing Executors
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 […]
Read MoreIS SMALL CLAIMS COURT AN OPTION IN FAMILY LAW CASES?
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 […]
Read MoreWhat is The Common Law and how is that different from other parts of the world
All of Canada, (with the exception of Quebec, which maintains a civil law system) is a common law jurisdiction. The common law is a legacy of the British empire. Spread across the world all of those formerly pink coloured former members of the British empire, continue to maintain a common law system of justice. The […]
Read MoreTHE NEW TORT OF INVASION FOR PRIVACY
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 […]
Read MoreWRONGFUL DISMISSAL EVEN IF FIRED, YOU HAVE AN OBLIGATION TO LOOK FOR A JOB DUTY TO MITIGATE
The right of an employee to sue an employer who has wrongfully fired or terminated them, is really a subset of contract law.Within that area of contract law is the common issue of mitigation of damages. Simply put, just because you have suffered a loss because another party has broken their contract with you, you […]
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