Thursday, June 22, 2017

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law Toronto for Thursday June 22, 2017.

Today we are talking about Wills and Estates.


When a person dies in Ontario, and no next of kin claims an inheritance from the Estate, the government attempts to locate a surviving relative

The Ontario Public Guardian and Trustee may take steps like retaining professional genealogists or private investigators to locate living relatives.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at http://www.wiselaw.net.

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

Wednesday, June 21, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday June 21, 2017.

Today we are talking about Family Law.


A final Separation Agreement will document all issues that have been resolved by the parties signing it, along with any remaining actions, payments or arrangements required to complete the Agreement

Additionally, a Separation Agreement will include extensive releases by both parties of all future claims they may have against each other regarding their property, support and estates.

For more information on #employmentlaw, #familylaw, #wills, #estates, and #estateslitigation, visit our website at http://www.wiselaw.net.


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

Tuesday, June 20, 2017

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise law for Tuesday June 20, 2017.

Today we are talking about Employment Law.



Did you know that an Employee is obligated to give reasonable notice of his or her intention to resign from his or her position of employment?

The amount of notice to be given will depend on a number of factors, including the nature of the Employee's position experience and skill-set, length of service with the employer, nature of the industry, and the time it would reasonably take to find a proper replacement.

For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at http://www.wiselaw.net.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, June 19, 2017

Top 10 Legal headlines for the Week of June 19, 2017

Here are our Top 10 legal headlines for the week of June 19, 2017.

For links, visit 140Law at http://wiselaw.blogspot.com



For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

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

140Law: Legal Headlines for the week of June 19, 2017

Here are our leading legal headlines for the week of June 19, 2017 from Wise Law on Twitter






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

Friday, June 16, 2017

Paul Adam and Wise Law Office Featured on Lawyer's Daily

BY PAUL B. ADAM 

Last week, an interesting Ontario Court of Appeal case that I recently argued, Floward Enterprises v Winberg Estate 2017 ONCA 448, was featured on Lawyer's Daily. The full article is available here.

In most Court cases, there are two parties and both get the opportunity to plead their case before the Court. In order to ensure this outcome, the party who has initiated the court proceeding or step has to give notice to the other party of what action is being taken.

In some exceptional cases, however, only one party is present. This may be because the other party can't be found, or hasn't replied, and in some cases, it is because a quirk of the rule permits the case to be heard even though other parties haven't been notified.

What does this mean for the parties that aren't in Court? Do their rights get protected? Does someone speak for them. The Answer according to Floward, is that lawyers have a professional obligation to tell the Court what they know.

Here is an excerpt from Amanda Jerome for Lawyer's Daily:

"The appeal, from the order of Justice Nola Garton of the Superior Court of Justice on Sept. 21, 2015, centred around whether the order to return the diamond to the pawnbroker should be set aside as “a result of the application being decided in the absence of full and frank disclosure by the pawnbroker.”
Justice Gillese wrote: “The need for an applicant to make full and frank disclosure in a s. 490 application is acute. On such an application, the court is tasked with providing judicial oversight to achieve the ultimate goal that a thing seized by peace officers is returned to the lawful owner or person lawfully entitled to its possession."
Justice Gillese goes on to say:

 As the Crown points out, absent the requirement of full and frank disclosure, an application under s. 490(7) would allow a party to assert its claim unchallenged, while concealing information about others who would assert their claims if given an opportunity.”
The Court of Appeal also says this in its ruling:

"[44]      In order for the court to properly fulfill its supervisory role [...] – to see that seized things are returned to their lawful owners or those lawfully entitled to their possession once they no longer are required for any criminal investigation or proceeding – judges [...] must be able to rely on applicants to have made full and frank disclosure.  Only through such disclosure can the court make informed decisions about, among other things, whether other interested parties must be given notice of the proceeding.

In our view, this case is an important reminder to lawyers about the duties they owe to the Court. Thanks to Amanda Jerome for covering this interesting case!

- Paul Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, June 15, 2017

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law Toronto for Thursday June 15, 2017. Today we are talking about Wills and Estates.



When a person is married in Ontario, the marriage automatically revokes a prior Last Will made by that person.

The sole exception to this rule is a Last Will that is specifically made in anticipation of an upcoming marriage to a specific person.
For more information on #EmploymentLaw, #FamilyLaw, #Wills, #Estates, and #EstatesLitigation, visit our website at http://www.wiselaw.net.


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

Wednesday, June 14, 2017

LawFact of the Day: Family Law

Here is your daily #LawFact from Wise Law for Wednesday June 14, 2017. Today we are talking about Family Law.


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.
For more information on Employment law, Family law, Wills, Esates, and Estates Litigation, visit our website at http://www.wiselaw.net.

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

Tuesday, June 13, 2017

LawFact of the Day: Employment Law

Here is your daily #LawFact from Wise Law Toronto for Tuesday June 13, 2017. Today we are talking about Employment Law.


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.

For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at http://www.wiselaw.net

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

Monday, June 12, 2017

Top 10 Legal headlines for the Week of June 12, 2017

Here are our Top 10 legal headlines for the week of June 12, 2017.

For links, visit 140Law at http://wiselaw.blogspot.com


For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

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

140Law: Legal Headlines for the week of June 12, 2017

Here are our leading legal headlines for the week of June 12, 2017 from Wise Law on Twitter




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

Thursday, June 08, 2017

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Thursday June 8, 2017.

Today we are talking about Wills and Estates.



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 parents, siblings will inherit.
For more information on #EmploymentLaw, #FamilyLaw, #Wills, #Estates, and #EstatesLitigation, visit our website at www.wiselaw.net

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

Wednesday, June 07, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law Toronto for Wednesday June 7, 2017. Today we are talking about Family Law.



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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

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

Monday, June 05, 2017

Top 10 Legal headlines for the Week of June 5, 2017

Here are our Top 10 legal headlines for the week of June 5, 2017.

For links, visit 140Law at http://wiselaw.blogspot.com




For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

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

140Law: Legal Headlines for the week of June 5, 2017

Here are our leading legal headlines for the week of June 5, 2017 from Wise Law on Twitter




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

Thursday, June 01, 2017

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law Toronto for Thursday June 1, 2017.

Today we are talking about Wills and Estates.



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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.


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