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 […]
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Executors, 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 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 […]
Read MorePROVINCIAL GOVERNMENT SHORT SIGHTED IN ITS STAFFING SHORTAGES AND FAILURE TO PAY AS YOU GO
As any individual who has had the misfortune of attempting to file any document with the courts in Brampton or the surrounding areas, you will have learned the moto, bring a book. The registrar or clerks office of the Region of Peel courthouse are chronically understaffed and overworked. A speed bump system of lengthy lines, […]
Read MoreIN A DIVORCE CAN CHILDREN TESTIFY IN COURT?
There is no legal prohibition, rather only a strong judge made tradition that children do not give evidence at trials, motions or even case conferences. This trend has strongly existed for the last twenty years, however, when I first began practicing in the stone age, it was not that rare. A judge would bring the […]
Read MoreCompensatory Support
Compensatory spousal support refers to the remedy for a party in a longer-term marriage who sacrificed opportunities, such as career advancement or furthering education, in order to care for the family. Objectives of compensatory support pursuant to Section 15.2(6) of the Divorce Act: [list type=”lower-alpha”] Recognize any economic advantages or disadvantages to the spouses arising […]
Read MoreFathers fighting for custody of their young children give up, it can be
In family law matters, we are met frequently with the commonly held assumption that fathers have no chance of obtaining custody of their children, particularly those under the age of 5. Dale Streiman Law LLP has extensive experience in this area and is home to highly qualified family law lawyers. The January 5th, 2012 Ontario […]
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