Monday, October 31, 2016

140Law: Legal Headlines for the week of October 31, 2016

Here are the leading legal headlines from Wise Law on Twitter

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

Friday, October 28, 2016

LawFact of the Day: Wills and Estates

Here are your daily LawFacts from Wise Law for Friday October 28, 2016. Today we are talking about Wills and Estates.

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

Thursday, October 27, 2016

LawFact of the Day: Civil Litigation

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

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Examinations for Discovery are oral examinations of a party to a lawsuit, under oath, that occur after a case has been commenced. 

The lawyer for the party being questioned is also present during the Examination, and may object to any irrelevant or improper questions asked. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, October 26, 2016

Separation and Your Children's Education

BY RACHEL SPENCE AND SIMRAN BAKSHI


With school now back in session, what better time is there to consider how best to co-parent with
your former spouse regarding your child(ren)’s education:


What are best practices when co-parenting and communicating about school for young children?

Your child's school can actually facilitate the process of ensuring both parents are involved in their child's education.

We would strongly recommend speaking with your child's teacher, main office or principal to inform them of your child's living arrangements and the terms of your separation. It is particularly important to ensure that the school is informed of any communication requirements, so that both parents are kept in the loop where appropriate. As well, educators benefit from knowing at least the general terms of your child's residential schedule as it relates to school pickups and drop-offs.

School officials are accustomed to single-parent and blended families. They will quite often have specific procedures available to assist you with communications.

For instance, where informed, school officials can often help to ensure that school newsletters and picture order forms are sent out to both parents, and may further accommodate separate parent-teacher meetings if necessary.

Moreover, teachers and educators can be wonderful at issue spotting, where a child is struggling to come to terms with a separation or divorce, so long as they are made aware of the family background.


Can I attend at school events on non-access days?

Generally speaking, parents are both welcome to attend at special events hosted at the school, even if they may fall on non-access days. You should consult with your lawyer, however, as to any restrictions that may be applicable in your specific circumstances, to school event attendance.

If you are not on good terms with the other parent, particularly where you are or have been involved in highly contentious divorce or separation proceedings, it is always a good idea to maintain a respectful distance from one another at such school events. Sometimes it may even be well worth considering whether the attendance of both parents may cause your child to experience unnecessary stress, and anxiety.

Other than for special school events, it is not typically recommended that parents attend at the child's school on non-access days, unless specifically authorized to do so, as this can cause conflict unnecessarily and possibly be seen as interfering with the access schedule you've established.


How Do I Share Back to School Expenses?

Many schools will provide a child(ren) with a checklist within the first few weeks of the school supplies required during the year.

To the extent that some of these expenses may be considered "special and extraordinary", it may be appropriate that some of these costs be apportioned between the parents based on their relative income.

Many of the more typical back-to-school items, however, are generally paid by the parent with whom the child has primary residence, with the non-residential parent contributing by paying child support.

You should consult with your lawyer if greater clarity is required about the respective obligations of you and the child's other parent to contribute to these expenses.


I want my child(ren) to attend at College or University one day, how can we ensure that we have enough savings between us?

An RESP is an excellent way to start financially planning for your child’s future education.

Spouses can be joint subscribers on an RESP, and can continue such arrangements in the event of a separation and/or divorce.

Individuals who are already divorced cannot jointly open an RESP together. In such circumstances, each parent may set up his or her own RESP. It should be noted that the total contributions made by each parent to their respective plans for the child(ren) are still subject to the same aggregate contribution limits.

While the plan is being set up for the benefit of your child(ren)’s education, only the subscriber has authority to request withdrawals from the account. What this means in practice is that while your former spouse may set up an RESP for your child(ren), he/she will direct if and when withdrawals are to be made from his/her account.

Many separating spouses specifically outline their intentions regarding RESP's in a Separation Agreement, which will also typically address when and how payments by parents for education expenses are to be made.


What are issues to consider for older children attending at University?

Firstly, its important to note that child support may continue to be payable for an adult child who has not withdrawn from the charge of his or her parents, which is typically the case for a child is enrolled in a full-time post-secondary program.

Factors considered by the court in determining whether child support is payable, and the quantum of support include: whether the child is eligible for student loans and financial assistance; the reasonableness of the child’s career plans; the child’s ability to contribute to his or her education him/herself; educational plans made by the parent’s during their relationship; and the nature of the relationship between the child and his or her parents.

Expenses associated with post-secondary education, such as tuition, books and boarding will be considered to be “special and extraordinary”, and subject to contribution by both parents’ in proportion to their relative income capacity. Your child may also be required to contribute to the cost of his or her post secondary education.

It is important that you and your former spouse start by communicating with your child(ren) about what their plans for post-secondary education may be.

Do they intend to live at home, on campus or off campus? What are their transportation needs? What budgets are available? Will they be applying for OSAP student loans or other student financing?

Will they be pursuing part time employment? How much do they budget for books and daily living expenses? Where do they plan to stay during school breaks and the summer?

Once you are aware of your child(ren)’s educational goals, and have some idea of costs, you can then determine how these costs are to be divided between you, your former spouse, and potentially your child(ren).

It is recommended that you consult with a lawyer over such matters to get a better idea of your respective legal obligations for your child(ren) post-secondary education.



- Rachel Spence and Simran Bakshi

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 October 26, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@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

Tuesday, October 25, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Tuesday October 25, 2016. Today we are talking about Employment Law.


A video posted by Wise Law Office (@wiselaw) on

Did you know that your Employer has a duty to accommodate your disability up until a point of undue hardship?

An employee is however responsible for requesting the accommodation and providing the employer with adequate information about the nature of his or her request, which often includes producing supporting medical documentation.

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

Monday, October 24, 2016

140Law: Legal Headlines for the week of October 24, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on

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

Friday, October 21, 2016

LawFact of the Day: Business Law

Here is your daily #LawFact from Wise Law for Friday October 21, 2016. Today we are talking about Business Law.

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By incorporating your company, you will reduce the possibility that the principals of you company can be held personally liable for debts of the company.

Even in an incorporated companys, directors may still be personally liable for unpaid taxes and in come cases, unpaid wages.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, October 20, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Thursday October 20, 2016. Today we are talking about Wills and Estate.

A video posted by Wise Law Office (@wiselaw) on


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, the court must make a permanent appointment.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, October 19, 2016

LawFact of the Day: Family Law

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

A video posted by Wise Law Office (@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

Tuesday, October 18, 2016

LawFact of the Day: Employment Law

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

A video posted by Wise Law Office (@wiselaw) on


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

Monday, October 17, 2016

140Law: Legal Headlines for the week of October 17, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on


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

Thursday, October 13, 2016

LawFact of the Day: Family Law

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


A video posted by Wise Law Office (@wiselaw) on

The Child Support Guideline Table Look-up is a free tool to calculate child support payable according to the Canadian Federal Child Support Guidelines.

The table look-up allows you to determine the base amount for child support by inputting you annual income, number of children, and province of residence.

Visit the Child Support Guideline Table Look-Up online for more information.

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

Wednesday, October 12, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Wednesday October 12, 2016. Today we are talking about Employment Law.


A video posted by Wise Law Office (@wiselaw) on


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

Tuesday, October 11, 2016

140Law: Legal Headlines for the week of October 11, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on


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

Friday, October 07, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday Octiber 7, 2016. Today we are talking about Wills and Estates.


A video posted by Wise Law Office (@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

Thursday, October 06, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday October 6, 2016. Today we are talking about Civil Litigation.

A video posted by Wise Law Office (@wiselaw) on

The Canadian Legal Information Institute(CanLII) is a free online resource where you can research and download all Canadian statutes and decades of case laws from Canada's courts.

CanLII is a non-profit organization created by the Federation of Law Societies of Canada.


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

Wednesday, October 05, 2016

LawFact of the Day: Family Law

Here is your daily Lawfact from Wise Law for Wednesday October 5, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on

The property rights of common law spouses upon separation are not governed by any Ontario statute.

Common law spouses may still advance family property claims, especially where property has been acquired in a “joint family venture,” or they have contributed to the acquisition, maintenance or improvement of property owned by a common law spouse.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, October 04, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Tuesday October 4, 2016. Today we are talking about Employment Law.

A video posted by Wise Law Office (@wiselaw) on

In 2015, an Ontario Court awarded 27 months’ of pay in lieu of reasonable notice to a 65-year-old civil engineer who had been employed for 40.66 years.

In exceptional circumstances involving extraordinarily long-service employees, it is within the discretion of Ontario Courts to award more than 24 months’ damages.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, October 03, 2016

140Law: Legal Headlines for the week of October 3, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on



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