Monday, June 19, 2017
140Law: Legal Headlines for the week of June 19, 2017
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Joy
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Monday, June 19, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines
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!
Posted by
Paul Adam
on
Friday, June 16, 2017
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Labels: civil litigation, Lawyer's Daily, legal headline
Thursday, June 15, 2017
LawFact of the Day: 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.
Posted by
Joy
on
Thursday, June 15, 2017
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Labels: Last Will and Testament, wills and estates
Wednesday, June 14, 2017
LawFact of the Day: 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.
Posted by
Joy
on
Wednesday, June 14, 2017
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Labels: family law, marriage contract, pre-nuptial agreement
Tuesday, June 13, 2017
LawFact of the Day: 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
Posted by
Joy
on
Tuesday, June 13, 2017
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Labels: disability, employment law
Monday, June 12, 2017
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.
Posted by
Joy
on
Monday, June 12, 2017
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Labels: 140Law, legal headlines
140Law: Legal Headlines for the week of June 12, 2017
Posted by
Joy
on
Monday, June 12, 2017
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Labels: @wiselaw, 140Law, legal feed, legal headlines, legal newsfeed
Thursday, June 08, 2017
LawFact of the Day: Wills and Estates
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
Wednesday, June 07, 2017
LawFact of the Day: 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.
Posted by
Joy
on
Wednesday, June 07, 2017
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Labels: civil marriage act, same sex marriage
Monday, June 05, 2017
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.
Posted by
Joy
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Monday, June 05, 2017
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Labels: 140Law, breaking news, legal headlines
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: - Judge allows suit over underfilled candy boxes; Hershey’s says consumers alerted by ‘audible rattle’
Posted by
Joy
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Monday, June 05, 2017
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Labels: @wiselaw, 140Law, legal headlines
Thursday, June 01, 2017
LawFact of the Day: Wills and Estates
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.
Posted by
Joy
on
Thursday, June 01, 2017
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Labels: Last Will and Testament, power of attorney
Wednesday, May 31, 2017
LawFact of the Day: Family Law
Today we are talking about Family Law.
In determining entitlement to spousal support, Ontario courts consider the financial means of both spouses, the length of their marriage, and any economic disadvantage experienced by a spouse as a result of the marriage.
Also relevant is any significant disparity between the incomes of the spouses, the goal of encouraging economic self-sufficiency, and several other important factors.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net
Posted by
Joy
on
Wednesday, May 31, 2017
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Labels: divorce, family law, legal separation, spousal support
Tuesday, May 30, 2017
LawFact of the Day: Employment Law
Today we are talking about Employment Law.
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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net
Monday, May 29, 2017
Top 10 Legal headlines for the Week of May 29, 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.
Posted by
Joy
on
Monday, May 29, 2017
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Labels: @wiselaw, 140Law, breaking news, Legal News, weekly legal news
140Law: Legal Headlines for the week of May 29, 2017
Posted by
Joy
on
Monday, May 29, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines
Friday, May 26, 2017
LawFact of the Day: Employment Law
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.
Posted by
Joy
on
Friday, May 26, 2017
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Labels: employment law, reasonable notice, termination of employment
Thursday, May 25, 2017
LawFact of the Day: Wills and Estates
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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.
Posted by
Joy
on
Thursday, May 25, 2017
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Labels: Estate Trustee, probate fees
Wednesday, May 24, 2017
LawFact of the Day: Family Law
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.
Posted by
Joy
on
Wednesday, May 24, 2017
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Labels: spousal support, spousal support advisory guidelines
Tuesday, May 23, 2017
140Law: Legal Headlines for the week of May 23, 2017
*Here are our leading legal headlines for the week of May 23, 2017 from Wise Law on Twitter:- The Tipping Point: Regulation of Toronto’s Airbnb Market
- A third of Cosby’s jury pool has an opinion on his guilt or innocence
- Jury Selection to Begin Monday for Bill Cosby Trial
- Field Notes: 11 Questions to Ask Before Getting a Divorce
- Legal Aid Ontario to suspend some refugee services July 1 over funding shortfall
- Government of Canada announces judicial appointments in the province of Ontario
- “Cellino Sues Barnes. Who Gets the Jingle?”
- Almost 40 per cent of Canadians eat lunch at their desks, new research shows
- ‘Day of victory’ for Julian Assange, says lawyer after Sweden drops rape investigation
- Anthony Weiner to Plead Guilty to Resolve Sexting Inquiry
- Harassed RCMP sergeant offered to settle years ago; wants $1 million in costs
- Trump Sends Nafta Renegotiation Notice to Congress
- Man sues date for texting during movie
- Judicial council fears ‘special interest groups’ shaping sexual assault training
- Whistleblower Chelsea Manning freed after 7 years in U.S. military prison
- Robert Mueller, Former F.B.I. Director, Is Named Special Counsel for Russia Investigation
- Sex assault law training now mandated for new Ontario judges
- What is a special counsel and how much power do they have?
- Judge’s comments prompt Ontario’s top court to order new murder trial in rare move
- Debate heats up on paralegals in family law
- Ontario businesses warn against major labour law changes | CTV News
- Canada immigration detention is unconstitutional, lawyers argue in Federal Court | Toronto Star
- 3 Judges Weigh Trump’s Revised Travel Ban, but Keep Their Poker Faces
- Bill Cosby Says He Will Not Testify at His Criminal Trial
- Ottawa to move on protections for air travellers
- Liberals to support Ambrose bill on sex-assault law training for would-be judges
- Mounties are incapable of policing themselves, RCMP watchdog report says
- Supreme Court lets stand opinion striking down voter North Carolina ID law as discriminatory
Posted by
Rachel, Law Clerk and Office Manager
on
Tuesday, May 23, 2017
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Wednesday, May 17, 2017
LawFact of the Day: Family Law
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.”
For more information on Family Law, Employment Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.
Posted by
Joy
on
Wednesday, May 17, 2017
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Labels: divorce, family law, uncontested divorce
Tuesday, May 16, 2017
LawFact of the Day: Employment Law
Under Ontario’s Human Rights Code, where discrimination or harassment has been proven the Tribunal can award significant remedies to employees.
A Human Rights Tribunal has power to order reinstatement of employment, restitution, monetary compensation for wage loss, and damages for injury to dignity, feelings and self-respect.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit us at http://www.wiselaw.net
Posted by
Joy
on
Tuesday, May 16, 2017
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Labels: Human Rights Tribunal of Ontario
Monday, May 15, 2017
Top 10 Legal headlines for the Week of May 15, 2017
For links, visit 140Law at http://wiselaw.blogspot.com
Posted by
Joy
on
Monday, May 15, 2017
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Labels: @wiselaw, legal headlines
140Law: Legal Headlines for the week of May 15, 2017
Posted by
Joy
on
Monday, May 15, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines, Legal News
Thursday, May 11, 2017
LawFact of the Day: Wills and Estates
Today we are talking about Wills and Estates.
If the deceased's will doesn't provide for these obligations, the defendant can apply in court to receive the support they are owed.
Posted by
Joy
on
Thursday, May 11, 2017
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comments
Labels: family law act, Succession Law Reform Act
Wednesday, May 10, 2017
LawFact of the Day: Family Law
Today we are talking about Family Law.
A divorce Application may be commenced by either spouse at any time following separation.
Posted by
Joy
on
Wednesday, May 10, 2017
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Labels: divorce, family law
Tuesday, May 09, 2017
LawFact of the Day: Employment Law
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, marital status or family status.
Posted by
Joy
on
Tuesday, May 09, 2017
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Labels: employment discrimination, employment law, wrongful dismissal
Monday, May 08, 2017
Top 10 Legal headlines for the Week of May 8, 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
Posted by
Joy
on
Monday, May 08, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines
140Law: Legal Headlines for the week of May 8, 2017
Posted by
Joy
on
Monday, May 08, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines
Thursday, May 04, 2017
LawFact of the Day: Wills and Estates
Today we are talking about Wills and Estates.
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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.
Posted by
Joy
on
Thursday, May 04, 2017
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Labels: Estate Trustee, wills and estates
Wednesday, May 03, 2017
LawFact of the Day: Family Law
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.
In addition to the basic child support payable under the Guidelines, additional amounts may be payable to cover special and extraordinary expenses incurred for a child’s daycare, medical care, education and extra-curricular activities like hockey and ballet. These additional expenses are shared by the parents in proportion to their respective incomes.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.
Posted by
Joy
on
Wednesday, May 03, 2017
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Labels: child support, child support guidelines
Tuesday, May 02, 2017
LawFact of the Day: Employment Law
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.
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.
Posted by
Joy
on
Tuesday, May 02, 2017
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Labels: employment law, termination for cause, termination without cause, wrongful termination
Monday, May 01, 2017
Top 10 Legal headlines for the Week of May 1, 2017
For links, visit 140Law at http://wiselaw.blogspot.com
Posted by
Joy
on
Monday, May 01, 2017
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Labels: @wiselaw, 140Law, legal headlines, weekly legal news
140Law: Legal Headlines for the week of May 1, 2017
Posted by
Joy
on
Monday, May 01, 2017
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Labels: @wiselaw, 140Law, breaking news, legal headlines, Legal News, weekly legal news











