LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Friday April 29, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Apr 29, 2016 at 6:29am PDT

The first same-sex marriage in Ontario occurred on January 14, 2001. Its legality, along with the legality of many other same-sex marriages,  was affirmed by the Ontario Court of Appeal on June 10, 2003 in a case called Halpern v. Canada.

Same-sex marriage and divorce have been recognized throughout Canada since July 20, 2005, when the Government of Canada passed the Civil Marriage Act, which newly defined marriage in a gender-neutral manner.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Thursday April 28, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on Apr 28, 2016 at 6:33am PDT

Do employees have different severance entitlements under the Employment Standards Act and in wrongful dismissal cases that are decided in Court?

Ontario’s Employment Standards Act provides only for employees’ minimum notice and severance entitlements.  Common law entitlements can be as much as one month for each year of service, or even more in exceptional circumstances. 

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Wednesday April 27, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on Apr 27, 2016 at 6:34am PDT

Civil lawsuits in Ontario’s Superior Court are commenced by issuing a document known as a Statement of Claim. A Defendant who is served in Ontario must file a Statement of Defence within 20 days of service.

If a Defendant is served elsewhere in Canada or the US, a Statement of Defence must be filed within 40 days of service.  If a Defendant is served outside Canada or the US, the Statement of Defence must be filed within 60 days of service. 

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Tuesday April 26th, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on Apr 26, 2016 at 6:29am PDT

If a deceased person owed support to a spouse or child under the Family Law Act, they may also be entitled to dependent's relief from the deceased's estate under the Succession Law Reform Act.

If the deceased's will doesn't provide for these obligations, the dependent can apply in court to receive the support they are owed.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Monday April 25, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Apr 25, 2016 at 8:10am PDT

The Spousal Support Advisory Guidelines (SSAG) assist Ontario Courts in determining the amount of spousal support payable by a spouse.  Unlike the child support guidelines, the SSAG’s are not binding upon the Courts.

Ontario’s Courts, however, are required to consider the SSAG’s and to provide reasons for any decision that does not follow them. 

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of April 25, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Doctor gets green light to sue WSIB, employer - Waterloo Record
• Overtime exploitation: One man's claims of a 100-hour work week, and no overtime pay
• University accused of discrimination for requiring dyslexic student to take course in French
• Abortion Procedure Challenged as "Torture" in Alabama
• As pot legalization looms, calls to end possession prosecutions amplify
• Judge says racial profiling likely, tosses charges against man after Toronto road stop
• How the Supreme Court is dismantling one of the key parts of Stephen Harper's legacy - National Post
• Mike Duffy verdict should put brakes on other senators’ cases, lawyer says
• U.S. drops N.Y. fight with Apple after gaining access to iPhone
• A judge sentences a U.S. veteran to 24 hours in jail, then joins him behind bars
• Canadian tea retailer's on-call practices questioned in NY - Canadian Lawyer Magazine
• SCC to rule on parole changes brought in by Conservative government - CTV News
• 6 notable lines from the judge's extraordinary ruling on the Mike Duffy trial
• Duffy acquitted on all counts
• 'No sinister motive': Duffy judge dismisses first 20 charges as ruling continues
• You Can’t Modernize the Courts on a Shoestring
• Ontario Government Violated Charter With “Ill Conceived” Bill 115
• Neighbours in treehouse dispute could benefit from mediation, lawyer says - CBC.ca
• Duffy's decision day: Senator to learn fate Thursday on fraud, bribery, breach of trust charges
• Judge who allegedly bought cocaine should stay on bench, says judicial watchdog
• 'Your children are safe,' school tells Quebec parents after reports Karla Homolka living among them
• Canada's bill to legalize pot to be introduced in spring 2017, minister tells UN
• Lawyers accused of using paralegal to friend litigant on Facebook face ethics probe after court decision
• Source: Expect Flint criminal charges over tainted water crisis
• SCOTUS rules in favor of terror victims
• Netflix drops the hammer on Canadian VPN users
• Arbiter's report on Senate expenses could signal trouble for Mike Duffy
• Weak assisted-dying bill exploited on all sides: Tim Harper
• Hit Canadian home makeover show “Love it or List it” faces lawsuit
• Sidebar: When a Senator Passes Judgment on a Chief Justice
• Appeals Court Affirms Landmark N.F.L. Concussion Settlement
• Utah Governor to sign anti-porn legislation
• Brockville, Ontario children's aid data breach: families’ names posted online
• Forcillo argues against mandatory minimum sentence; asks court for house arrest rather than jail
• Female in-house counsel earning less than male counterparts, survey says
• Lay Legal Advisers Permitted in UK
• Ontario passes presumptive PTSD law for first responders - OHS Canada
• Termination for terminally ill employee: Frustration of contract prior to death http://
• Wrongful resignations
• Senior police officer should be fired for G20 actions, lawyer says - Toronto Star
• NHL turns to Supreme Court of Canada in battle with former referee - TSN
• New Paid And Unpaid Leaves Proposed For Ontario Employees
• Judge allows infringement claim to proceed over Led Zeppelin’s ‘Stairway to Heaven’
• Alaska Legislature expands legal protections for pets caught up in messy divorces
• The Perspectives of Future Members of Our Profession

- Rachel Spence, Law Clerk & Office Manager

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Friday April 22, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on Apr 22, 2016 at 6:46am PDT

If your employment agreement prohibits you from competing with your employer or soliciting its customers after you leave, those restrictions may not be enforceable.

Non-competition agreements are generally unenforceable against Ontario employees. Many non-solicitation agreements may also be unenforceable.  Seek legal advice if you have signed such an agreement.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday April 21, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on Apr 21, 2016 at 6:12am PDT

Ontario's Small Claims have jurisdiction to award damages of up to $25,000in lawsuits brought before the court.

In 20112-13, almost 43% of all new civil proceedings in Ontario were commenced in the Province's Cmall Claims Court.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Wednesday April 20, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on Apr 20, 2016 at 6:21am PDT

An estate trustee is entitled to be paid for the work they do on behalf of the estate.

The compensation is 2.5% of each transaction in and of of the estate, and 0.4% of the average value of the estate for each year they act as trustee.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday April 19, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Apr 19, 2016 at 6:12am PDT

Marriage contracts, also known as pre-nuptial agreements, enable spouses to privately determine how issues relating to their property and support will be resolved if they separate in the future. 

To ensure the enforceability of a marriage contract, both parties must make full financial disclosure to each other, receive independent legal advice and execute the agreement freely, voluntarily.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Monday April 18, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on Apr 18, 2016 at 6:34am PDT

It is very difficult for employers to prove “just cause” for termination, unless there is evidence of gross or wilful misconduct, like theft, fraud, or intentional dereliction of duties.

To establish “cause” for termination because of performance concerns, employers must typically provide several written warnings as well as adequate opportunity for the employee to improve job performance. 

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of April 18, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Right-to-die bill restricted to adults facing 'foreseeable' death
• SCC recognizes constitutional rights of Métis, non-status Indians
• Assisted Suicide Bill Proposed in Canada
• Leslie Van Houten, Charles Manson follower, recommended for parole
• Liberal choices on doctor-assisted dying legislation align with public opinion
• 'My father's work has finally paid off,' son of late Métis leader says of equality ruling
• Alternative justice: How one young aboriginal turned his life around
• How Ontario's laws make seniors an easy target for 'predatory marriages' - Toronto Star
• Parental leave rules could have provisions just for new dads
• Canadian Olympic Committee announces new anti-harassment initiatives
• California Surfers Look to Courts for Relief Against ‘Bay Boys’
• Toronto man hitched then ditched by marriage ‘predator’
• Former Ontario ombudsman sues government for wrongful dismissal
• Thomson Reuters Says Glitch Left Out Text from 600 Reported Cases Since 2014
• 2 more Harper-era laws struck down
• Cosby lawyer must show accuser his emails with ex-prosecutor
• Bowmanville Zoo owner faces animal cruelty charges over allegedly whipping tiger
• Three Ontario families sue sperm bank and Canadian distributor - Toronto Star
• NHL turns to Supreme Court of Canada in battle with former referee
• Liberals open to reviewing ban on paid sperm donation: MP
• CBC declines to turn over Panama Papers data to CRA
• Employer is Entitled to Dismiss a Probationary Employee Without Notice and Without Giving Reasons
• Employment Contract Can Be Unenforceable Even If It Complies with the ESA in the case's circumstances

- Rachel Spence, Law Clerk & Office Manager

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday April 15, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on Apr 15, 2016 at 6:00am PDT

A Last Will can leave instructions for who will have custody of the deceased's children,

These custody appointments are valid for 90 days. After that, a court must make a permanent appointment.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday April 14, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on Apr 14, 2016 at 6:14am PDT

In many Ontario Civil Cases, a full trial is no longer required for a court to rule.

Courts may now decide lawsuits on summary judgment motions that streamline and shorten the process.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday April 13, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Apr 13, 2016 at 6:35am PDT

Many couples live separate and apart “under one roof,” following marital separation, and do not immediately physically separate by changing residency.

Legal advice should be obtained as to whether a separation has occurred that would be recognized under Ontario law.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is you daily LawFact from Wise Law for Tuesday April 12, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on Apr 12, 2016 at 6:14am PDT

Ontario employees are prohibited from discrimination and harassment against any employee.

Employers may not discriminate on the basis of race, religion, colour, citizenship, creed, gender, disability, sexual orientation, gender identity or expression, age, record of offences, martial status or family status.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Monday April 11, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on Apr 11, 2016 at 6:16am PDT

Life insurance policies that designate a beneficiary become that beneficiary's property on the day the insured dies.

They don't become part of the insured's estate and they aren't subject to estate tax.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

140 Law - Legal Headlines for the Week of April 11, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Ending Bullying in the Legal Profession
• Senior Executives Prefer Video Over Text - A “Video Takes Off” Series via @SandraBekhor
• One Minute of Video is Worth 1.8 Million Words - A “Video Takes Off” Series via @Sandra Bekhor
• Ontario, Canada Rules Miscarriage A "Disability," & It Could Change How We Talk About Loss
• 'Delicate issue': Plan to give women equal prayer rights at Israel's Western Wall creates divisions
• New bill on assisted dying won't be as permissive as parliamentary committee urged
• Did the city steal the idea for its Toronto sign? Mayor, councillors and city face $2.5M lawsuit
• Canadian court sets troubling precedent for press freedom
• Former Ontario premier David Peterson fires back in harassment suit
• A Reminder That Modern Large Partnerships are Still Partnerships
• Barrie Police court officer fired for viewing video of woman in custody
• Locky: The New Ransomware – and the Three Principles of Fighting Ransomware
• Ontario Lawyers: Keep OHIP Subrogated Claims in Mind
• Howard v. Benson Group: No Mitigation Required When Fixed Term Contract Terminated Early
• Constitutional challenge looks to revive aboriginal languages
• Panama Papers – Offshore Tax Haven Secrecy Is An Illusion
• Benchslaps and Judicial Ethics
• Only five of 14 new Ontario justices of the peace have a law degree - Hamilton Spectator
• Panama law firm usurped name of Red Cross to hide money, reports say
• Employee Body Cameras?
• Driver banned after 14 tickets for cellphone use behind wheel
• Toronto to propose separate rules for Uber, taxis
• Plus-size store sorry for firing Alberta woman after she used ‘fat’ word
• Panama Papers Leak Casts Light on a Law Firm Founded on Secrecy
• Ontario Lawyers: Keep OHIP Subrogated Claims in Mind
• TV show moves to B.C. after North Carolina passes anti-gay law
• G20 class-action lawsuits against Toronto police over 'kettling' get go-ahead
• 2 Essential iPad Apps for Trial Lawyers
• Partner: Massive data breach at ‘Panama Papers’ law firm was from hack attack, not internal leak
• Anti-Gay Laws Bring Backlash in Mississippi and North Carolina
• CRA's previous tax-haven audits plagued by delays, legal manoeuvres, critics say
• Scalia name for school hits snag
• 'This is not a leak. This is a hack': Founder of Panama Papers law firm
• Children’s aid societies launch major training reforms
• Mediator: Drawing the Line on Gossip After the Gawker Trial

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday April 7, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Apr 7, 2016 at 6:26am PDT

Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.

Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Up All Night

If you follow us on Twitter, you may have noticed that our office recently had the opportunity to both attend and support the Up All Night event, held at Centennial College. 

The purpose? For the community to come together for one night to focus on building solidarity around mental health awareness and supporting those who suffer from mental health issues. The event asked guests to stay "up all night" as night time is generally the hardest for anyone suffering. 

Our office felt compelled to be a part of such an important cause as we see first hand how mental health issues impact every sector of law we practice within, most notably, employment law. 

Paul Adam of our office recently tweeted:

A fact that wouldn't shock most, but should.

The panel talk was positively administered and cultivated an environment that was both informative and accepting so that attendees felt comfortable discussing the issues at hand. All panel members were knowledgeable and ranged from those who have experienced loss due to mental illness, who are leaders in the community, in human resources, taught and were students who had experienced issues first hand. There were even a few brave audience members who spoke out about their own experiences. Notably, how their lives were unquestionably altered for the better, having employers that both accepted mental health issues existed and assisted employees who were suffering from them via counselling services and a general understanding.

In the end, nearly $3,000.00 was raised to assist in the #yellowisforhello Friendship Bench, which is a not-for-profit organization connecting students suffering from depression or other mental health issues with available on and off campus support.  They install a yellow bench on college and university campuses that acts as an icon to represent being open about our problems, not hiding them. 

If you're interested in donating to this cause, there's still time and you can do so by clicking this link.

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law forednesday April 6, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on Apr 6, 2016 at 6:23am PDT

“My ex-employer just gave me a severance proposal, but I was only given 3 days to respond. Is that legal?”

The law does not address this question. As a courtesy, you or your lawyer should advise your former employer in writing if an extension is required.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net