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 […]
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THE 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 […]
Read MoreThe Right to Name a Child
This issue arises frequently after a brief relationship or marriage which results in the birth of a child. An example of this conflict is a mother seeking at the outset after separation trying to expunge any reference to the birth father’s surname. The law with respect to this is governed by the Vital Statistics Act […]
Read MoreThe Importance of Incorporating Your Business
Often clients come to meet me and discuss business opportunities, methods of business registration and the liabilities which they can incur. From the outset of the meeting, I try to establish: the goals of the client, the reason for starting up a business, and the liability exposure that they can undergo on a personal basis. […]
Read MoreWrongful Dismissal
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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