Monday, November 21, 2016
140Law: Legal Headlines for the week of November 21, 2016
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Joy
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Monday, November 21, 2016
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Labels: @wiselaw, 140Law, legal headlines
Friday, November 18, 2016
LawFact of the Day: Civil Litigation
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Joy
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Friday, November 18, 2016
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Labels: civil lawsuit, civil litigation, lawsuit
Thursday, November 17, 2016
LawFact of the Day: Wills and Estates
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Joy
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Thursday, November 17, 2016
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Labels: Last Will and Testament, wills and estates
Wednesday, November 16, 2016
LawFact of the Day: Family Law
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Joy
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Wednesday, November 16, 2016
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Labels: divorce, family law, legal separation
Tuesday, November 15, 2016
LawFact of the Day: Employment Law
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.
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Joy
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Tuesday, November 15, 2016
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Labels: employment law, non-union employees, union employees
Monday, November 14, 2016
140Law: Legal Headlines for the week of November 14, 2016
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Joy
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Monday, November 14, 2016
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Labels: @wiselaw, 140Law, Donald Trump, legal headlines
Friday, November 11, 2016
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.
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Joy
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Friday, November 11, 2016
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Labels: probate fees, wills and estates
Thursday, November 10, 2016
LawFact of the Day: Civl Litigation
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.
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Joy
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Thursday, November 10, 2016
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Labels: civil lawsuit, civil litigation, Ontario Superior Court
Wednesday, November 09, 2016
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.
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Joy
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Wednesday, November 09, 2016
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Labels: divorce, family law
Tuesday, November 08, 2016
LawFact of the Day: Employment Law
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).
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Joy
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Tuesday, November 08, 2016
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Labels: employment law, employment standards act
Monday, November 07, 2016
140Law: Legal Headlines for the week of November 7, 2016
Monday, October 31, 2016
140Law: Legal Headlines for the week of October 31, 2016
Friday, October 28, 2016
LawFact of the Day: Wills and Estates
Posted by
Joy
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Friday, October 28, 2016
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Labels: Estate Administration, Estates, wills and estates
Thursday, October 27, 2016
LawFact of the Day: Civil Litigation
Examinations for Discovery are oral examinations of a party to a lawsuit, under oath, that occur after a case has been commenced.
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Joy
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Thursday, October 27, 2016
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Labels: civil lawsuit, civil litigation
Wednesday, October 26, 2016
Separation and Your Children's Education
BY RACHEL SPENCE AND SIMRAN BAKSHI
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.
Posted by
Joy
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Wednesday, October 26, 2016
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Labels: child support, divorce, family law, separation, separation agreement
LawFact of the Day: Family Law
A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)
Posted by
Joy
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Wednesday, October 26, 2016
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Labels: divorce, family law
Tuesday, October 25, 2016
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.
Posted by
Joy
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Tuesday, October 25, 2016
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Labels: disability, employment law
Monday, October 24, 2016
140Law: Legal Headlines for the week of October 24, 2016
Posted by
Joy
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Monday, October 24, 2016
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Labels: @wiselaw, 140Law, Legal News
Friday, October 21, 2016
LawFact of the Day: Business Law
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.
Posted by
Joy
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Friday, October 21, 2016
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Labels: business law, incorporation
Thursday, October 20, 2016
LawFact of the Day: Wills and Estates
Posted by
Joy
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Thursday, October 20, 2016
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Labels: Estate Trustee, wills and estates




