Thursday, June 30, 2016

LawFact of the Day: Wills and Estates

Here is your daily Law Fact from Wise Law for Thursday June 30, 2016. Today we are talking about Will sand 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

Wednesday, June 29, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Wednesday June 29, 2016. Today we are talking about Civil Litigation.


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

In 2012-2013, 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

Tuesday, June 28, 2016

Lawfact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday June 28, 2016. Today we are talking about Family Law.

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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

Monday, June 27, 2016

Legal Aid Funding to Increase Provincially


Provincial Legal Aid will be provided with $30 million per year from the Justice Department. This, coming after 13 years of federal contributions remaining stagnant at $112 million per year. 
“All Canadians — no matter their means — should have the right to a fair trial and access to a modern, efficient justice system,” Justice Minister Jody Wilson-Raybould said in a statement issued Wednesday. - via Toronto Star
Why is this important?

"Since there are no constitutional requirements under the Charter of Rights and Freedoms to provide civil legal aid outside of child protection cases, most legal aid programs end up giving a higher priority to providing lawyers to defendants facing incarceration in the criminal courts." via Global News
  • This has created a gap that has left an inadequate access to justice for working people and statistically speaking, working women, as they are the demographic that largely applies for family legal aid. 
“The demographics are that family legal aid is used predominantly by women and criminal legal aid is used predominantly by men,” said Karen Hudson, executive director of the Nova Scotia Legal Aid Commission.- via Global News
"David Price, a Superior Court justice in Ontario, figures about half the litigants undertaking family and civil law motions in his Brampton, Ont., courtroom are doing so on their own. “If they’re not able to supply the necessary evidence and legal argument, the judge’s task and the time required to perform it will be greater,” he said by email (Price stressed that his remarks were based on his own experiences, and that he is not a spokesman for the court). Self-represented litigants are less likely to settle out of court, the judge added, and the delay causes frustrations for everyone involved. “The judge is disappointed to find that fewer cases on the list settle,” he said. “The litigant is disappointed to find the judge cannot decide the case immediately.” - via MacLeans
If you or someone you know requires legal aid, please contact 1-800-668-8258, Monday-Friday between 8:00 a.m. and 5:00 p.m.

- Rachel Spence, Law Clerk

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

140Law: Legal Headlines for the Week of June 27, 2016

Here are the leading headlines from Wise Law on Twitter


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

Friday, June 24, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Friday June 24, 2016. Today we are talking about Employment Law.

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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

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

Thursday, June 23, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday June 23, 2016. Today we are talking about Civil Litigation.

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The Canadian Legal Information Institute (CanLII) is a free online resource where you can research and download all Canadian statuses 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, June 22, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday June 22, 2016. Today we are talking about Family Law.

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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 your annual income, number of children, and province of residence.

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

Tuesday, June 21, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Tuesday June 21, 2016. Today we are talking about Wills and Estates.

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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

Monday, June 20, 2016

140Law: Legal Headlines for the Week of June 20, 2016

Here are the leading headlines from Wise Law on Twitter


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

Friday, June 17, 2016

LawFact of the Day: Employment Law

Here is your daily Law Fact from Wise Law for Friday June 17, 2016. Today we are talking about Employment Law.

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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

Thursday, June 16, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday June 16, 2016. Today we are talking about Family Law.

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

Wednesday, June 15, 2016

LawFact of the Day: Wills and Estates

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

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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, June 13, 2016

140Law: Legal Headlines for the Week of June 13, 2016

Here are the leading headlines from Wise Law on Twitter




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

Thursday, June 09, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Thursday June 9, 2016. Today we are talking about Employment Law.

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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 protection.

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

Wednesday, June 08, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact form Wise Law for Wednesday June 8, 2016. Today we are talking about Civil Litigation.

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

Monday, June 06, 2016

140Law - Legal Headlines for the Week of June 6, 2016

Here are the leading headlines from Wise Law on Twitter

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

Friday, June 03, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday June 3, 2016. Today we are talking about Wills and Estates.

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An Ontario court recently struck down a charitable bequest in a Will that was limited to white, heterosexual students.

A bequest in a Will that is contrary to public policy will not be permited under Ontario law.

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

Thursday, June 02, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday June 2, 2016. Today we are talking about Family Law.

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

Wednesday, June 01, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Wednesday, June 1, 2016. Today we are talking about Employment Law


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In addition to the minimum notice and severance required by the Employment Standards Act, Ontario employees are entitled to reasonable notice of termination or pay in lieu of thereof upon termination of employment


Unless an employment contract limits an employee’s entitlements, reasonable notice will be based on duration of employment, type of position, age and many other factors. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net