Why you need to use a lawyer for Real Estate Purchases and Sales: I often meet with clients to discuss representing them in their purchase and/or the sale of their residences or even commercial properties. Condominiums: Such real estate may include a condominium sale which has many issues such as financial status of the condominium […]
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Summary Judgment Motions in civil matters
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 […]
Read MoreWRONGFUL DISMISSAL IS THE RULE OF THUMB MADE OUT OF PLASTER OR STEEL?
Wrongful Dismissal, which is discussed elsewhere on this site, is the judge made law that is superimposed upon the Employment Standards Act. It deals with the situation of an employee who is dismissed without cause and what compensation they should receive as a result.The question becomes what reasonable notice should the employee have received at […]
Read MorePredatory Marriage, Elder Abuse and the Court’s Power to Fix Wrongs
Succession Planning: Lowering Your Beneficiaries Tax Bill on the Cottage
Succession planning is a field of law that deals with wills, probate and estate planning after a person dies. This field of law is largely governed by the Succession Law Reform Act in Ontario but there are a number of other factors that should be considered. One very important consideration is tax, specifically capital gains […]
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 MoreChild Support for Adult Children
Many people may not know that child support obligations can, and often do, continue after the child reaches the age of 18. The concept of an adult child may seem like an oxymoron to some parents. They may think a child over 18 should support themselves financially. Other parents will continue to financially support their […]
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 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 testator’s estate. Because […]
Read MoreDeclaring Bankruptcy to Avoid Equalization: Abuse of Process and Annulling Bankruptcy
When a marriage breaks down, spouses often go to extremes to avoid paying the other side. This is especially true when it comes time to dividing the wealth that the family accumulated during the marriage. This process is commonly referred to as equalization or the equalization payment. What it basically entails is the division of […]
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