By: Rebecca Rosenberg In December 2020, Bill 118, the Occupiers’ Liability Amendment Act, became law in Ontario. Now, someone who experiences a slip-and-fall such as on snow or ice on another’s property must provide the other party with written notice within 60 days. The previous limitation period for reporting these types of accidents was two […]
Read MoreA COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 2
The Presumption of Resulting Trust Part 2 of 2 MY OBJECTION IS BASED ON A NUMBER OF GROUNDS Clearly there is a moral to this story, which is if you do not want to find yourself swimming in shark infested waters, do your very best to ensure that there is something in writing and indeed […]
Read MoreA COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 1
The Presumption of Resulting Trust Part 1 of 2 There are laws floating out there that are the equivalent of silent sharks ready to devour reasonable expectations. One of those laws is the presumption of resulting trust. In the recent Ontario Court of Appeal decision in MacIntyre v. Winter, the court permitted the shark to […]
Read MoreCAN ONE USE A POWER OF ATTORNEY TO CHANGE A LIFE INSURANCE BENEFICIARY DESIGNATION
The short answer seems to be no. Donor means the person making and giving the Power of Attorney. Testamentary means – through one will or upon your death. In the Ontario case of Richardson v. New, the court held that a beneficiary designation is the same thing as a testamentary disposition. This was upheld later […]
Read MoreMichael Smitiuch Smashes the Record on Family Law Damages in Wrongful Death
Our firm has for years been referring all of our client’s personal injury claims to Mr. Smitiuch in Toronto. Recently the Ontario Court of Appeal confirmed a huge and groundbreaking win by him. By: Rebecca Rosenberg The Ontario Court of Appeal (“ONCA”) shed light on the standard of reviewing damage awards for loss of care, […]
Read MoreThe Common Law Reconciliation Rule – An Ancient Relic?
By: Rebecca Rosenberg An established common law principle (law made by judges) dictates that a separation agreement (a legal contract outlining how a couple will settle issues around their separation) becomes void if the parties reconcile. The idea behind this rule is that it doesn’t make sense to enforce an agreement if the very basis […]
Read MoreSCJ should be in Small Claims Court
Civil Litigation Our former partner, the Honourable Mr. Justice Kurz strikes again Suing in Superior Court when you should be in Small Claims Court is an abuse of process Our former and greatly missed partner, the Honourable Mr. Justice Marvin Kurz of the Ontario Superior Court of Justice continues to make important decisions, which have […]
Read MoreStressed About the Mortgage Stress Test…
By: Rebecca Rosenberg Effective June 1, 2021, the federal government has implemented a higher bar for the mortgage “stress test”. The amended stress test will now be set at either the higher of 5.25 per cent or two full percentage points above the borrower’s current mortgage rate. While the new level is only half a […]
Read MoreParents Beware!
By: Amanda Dale A recently decided case by the Superior Court of Justice in Ontario makes clear that a child does not need to get along with his/her parent in order to receive child support. In the case of Nicholson v. Nicholson, 2021 ONSC 3588, the court decided that an 18-year-old child was entitled to […]
Read MorePLAY FAIR OR PAY THE PRICE
Our firm takes great pride in the accomplishments of a former partner, now the Honourable Justice Mr. Marvin Kurz of the Ontario Superior Court of Justice. Marvin as he will be eternally known to us rendered a decision in the Dowdall case in November 2020. The fact situation was one in which the wife after […]
Read More