Thursday, March 31, 2016

LawFact of the Day: Family Law

Here is your daily Lawct form Wise Law for Thursday March 31, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)

A divorce Application may be commenced by either spouse at any time following separation.


- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, March 30, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Wednesday March 30, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on


The amount payable to wrongfully dismissed employee depends on length of employment, age salary and several other factors.


It 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

Tuesday, March 29, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Tuesday March 29, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

Where a person dies without a will, an intestacy arises.  Ontario’s Succession Law Reform Act establishes rules for the distribution of an intestate deceased person’s property. An intestate person’s spouse inherits the first $200,000 of an Estate.

Estate property over $200,000 is divided between the deceased's spouse and children in proportions that depend on the number of surviving children. Where there are no surviving spouse or children, parents inherit. If there are no surviving parent, siblings will inherit.


- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, March 28, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Monday March 28, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on

Parties in Ontario civil cases are required to make full disclosure of all paper and digital documents that are relevant to the litigation, including documents that are not supportive of their cases.


In Superior Court cases, each party must deliver a sworn Affidavit of Documents that includes a complete listing of all relevant documents that are in the party’s power, possession or control. These documents must be produced to all other parties in the lawsuit. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Leadership

What does it mean to be a leader?

And what does true leadership in a law firm context really entail?

Clearly, there is no “one size fits all” answer to these questions. Every leader’s approach and plan will necessarily vary, depending on circumstances, temperament, objectives, opportunities – and practicalities.

But behind any effective plan lies a vision of where you want to get, a framework for getting there, and a well-thought-out gameplan for implementing whatever changes that vision may drive.

I will mark the 30th anniversary of my call to the Ontario Bar in April. I will be 57 years of age in September.

At this juncture in my career, I think about developing my own professional leadership – in a small firm context – quite a bit. And I am starting to think quite differently about what that leadership role means, both to me and to the very good people I am fortunate to work with.

And frankly, one of the most difficult challenges, and perhaps the most rewarding when met with success, is simply getting out of the way, so that those talented people you work with can actually do their own jobs completely and build their own track records of personal growth and professional success.

We have talked about delegation a number of previous times here at SlawTips.

I’d like to add this simple thought to the mix: Effective delegation is one of the highest expressions of true leadership. And the corollary also holds: Any leader who fails to effectively delegate is probably no leader at all.

By delegate, I don’t mean feeding tiny scraps of grunt work down the chain to eager underlings.

I mean incrementally delegating the whole enchilada.

Delegating entire files. Key court attendances and transactions. Entire  projects and departments. And delegating real responsibility for maintaining and building key relationships.

Keeping a finger in, where and when it needs to be, of course, but primarily focusing on the “executive” tasks that maximize what you, personally, can now bring to the table.

The more able you are to do that, the more able you will be to implement the balance of your vision.

And it does start with a vision.

Are you thinking of yours?
(We might as well begin there)

...

I will continue with these thoughts in my subsequent posts. Given the  addition of so many talented, new contributors to the Practice Tips bench, you will be seeing a little less of me here, moving forward.

I will be staying with SlawTips, of course, with my own turn to post coming every two months or so. And I am apparently now an editor here, with respect to our new contributors’ posts.

The good news is you will be reading some really interestingTips articles from some exceptional, new voices.

And you may be seeing a bit more of me now at my own flagship, Wise Law Blog. That’s not such a bad trade-off, as it turns out, and I’m quite looking forward to it.

So see you again at SlawTips in May.

And Happy Easter to all who are celebrating.

(Cross Posted at Slaw Tips)
- Garry J. Wise, Toronto

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

140 Law - Legal Headlines for the Week of March 28, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Rachel Spence, Law Clerk

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

Thursday, March 24, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday March 24, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on


In difficult custody cases, a Court may request that the Office of the Children’s Lawyer (OCL) become involved to investigate and make recommendations to the Court or to provide legal representation for a child.

The OCL is an Ontario government agency that employs lawyers and social workers. It works to provide independent information to the Court about a child's needs, wishes and legal interests.


- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, March 23, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Wednesday March 23, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on



Can an employer lawfully terminate an exceptional employee who has had consistently good performance reviews?

Under Ontario law, an employer may terminate any employee without cause, so long as the employer provides reasonable notice, or pay instead of such notice, to the employee.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, March 22, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Tuesday March 22, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on


In Ontario, you may complete a Power of Attorney for Personal Care to appoint one or more trusted persons to make medical decisions on your behalf in critical circumstances where you are unable to provide medical direction or informed consent on your own.


In your Power of Attorney for Personal Care, you may also indicate whether you wish extraordinary measures to be taken to resuscitate you or to extend your life in the event of a critical, terminally illness where there is no prospect of your recovery.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, March 21, 2016

LawFact of the Day: Civil Litigation

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

A video posted by @wiselaw on


Under Ontario’s court rules, parties to all lawsuits commenced in Toronto, Ottawa and Windsor are required to attend at mandatory mediation to attempt to achieve settlement. Approximately 45% of cases settle at mediation.

If all parties agree, mediation may also be conducted in lawsuits commenced outside Toronto, Ottawa and Windsor, but mediation is not mandatory outside these three jurisdictions.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

140 Law - Legal Headlines for the Week of March 21, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Rachel Spence, Law Clerk

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

Friday, March 18, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Friday March 18, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

Many custody disputes in Ontario family law matters are now resolved through mediation, rather than court action. 

Mediators work with parents to create parenting plans and residency schedules that are tailor-made to provide for children’s needs and for joint parenting. Both parties must  obtain independent legal advice to finalize any agreement. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, March 17, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Thursday March 17, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

An employee who has been temporarily “laid off” may be entitled to treat the layoff as a permanent termination and claim notice and severance payments and other compensation.


Temporary layoffs may not be permitted unless there is employment contract that specifically allows for such layoffs. Seek legal advice to determine your rights and entitlements if you have been “laid off.”
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, March 16, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Wednesday March 16, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

For an Ontario Will to be valid, it must be signed by the person making the will and be witnessed by two people who are not beneficiaries under the Will.

A holograph Will is an exception to these formal requirements. Holograph wills must be made entirely in the handwriting of the testator. No witnesses are required for a holograph Will. 

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, March 15, 2016

LawFact of the Day: Civil Litigation

Here is you daily LawFact from Wise Law for Tuesday March 15, 2016. Today we are talking about Civil Litigation

A video posted by @wiselaw on

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

In 2012-13, almost 43% of all new civil proceedings in Ontario were commenced in the Province’s Small Claims Courts.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, March 14, 2016

LawFact of the Day: Family Law

Here is your daily Law Fact from Wise Law for Monday March 14, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

Ontario’s Family Law Act (FLA) governs the equalization and division of property between spouses upon marital separation. It applies only to spouses who are legally married.

The property rights of common law spouses are not governed by the FLA. Common law spouses may nonetheless have significant family property claims, particularly where property has been acquired in a “joint family venture,” or they have otherwise contributed to the acquisition, maintenance or improvement of property owned by their common law spouses.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of March 14, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Rachel Spence, Law Clerk

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

Friday, March 11, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Friday March 11, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on


When can a terminated, non-unionized employee seek reinstatement of employment?

Under Ontario law, reinstatement of non-unionized employment can only be required if the termination was discriminatory or in reprisal to a workplace safety, employment standards, or similar statutory complaint. Unionized employees may have additional protections.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, March 10, 2016

LawFact of the Day: Wills and Estates

Here is you daily LawFact from Wise Law for Thursday March 9, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

Ontario’s probate fees are $250 for the first $50,000 of an estate’s value and $15 for each additional $1,000. These fees are properly referred to as Estate Administration Taxes.


These taxes must be paid at the court when an Application is filed for the appointment of an Estate Trustee to administer an estate. 

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, March 09, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Wednesday March 9, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on

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

Tuesday, March 08, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday March 8, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on The amount of child support payable by a non-custodial parent is strictly governed by the Child Support Guidelines. The Guideline tables establish basic child support obligations and are based solely on the payor's income, number of children, and province of residence.The amount of child support payable by a non-custodial parent is strictly governed by the Child Support Guidelines. The Guideline tables establish basic child support obligations and are based solely on the payor's income, number of children, and province of residence.

The amount of child support payable by a non-custodial parent is strictly governed by the Child Support Guidelines. The Guideline tables establish basic child support obligations and are based solely on the payor's income, number of children, and province of residence.

Additional amounts may be payable to cover special and extraordinary expenses incurred for a child's daycare, medical care, education and extra-curricular activities. These additional expenses are shared by the parents in proportion to their respective incomes.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net