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Executors, Trustees and Breach of Fiduciary Duty: What Happens When an Estate Trustee Ignores Their Responsibilities?

Date: 06 Mar, 2014| Author: Fred Streiman

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 […]

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Applying to Remove an Estate Trustee: Replacing Executors

Date: 06 Mar, 2014| Author: Fred Streiman

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| Author: Fred Streiman

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| Author: Fred Streiman

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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THE NEW TORT OF INVASION FOR PRIVACY

Date: 06 Mar, 2014| Author: Fred Streiman

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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