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

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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 Oct 7, 2016 at 6:32am PDT

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

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 Oct 6, 2016 at 7:12am PDT

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

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 Oct 5, 2016 at 6:52am PDT

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

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 Oct 4, 2016 at 7:15am PDT

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

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 Oct 3, 2016 at 7:42am PDT

• Man accused of shooting Toronto lawyer remanded until Oct. 31 - Toronto Sun

• “Hillary Clinton belongs in the White House. Donald Trump belongs on my show.” -Jerry Springer

• Judge rules BC violated francophone students' rights - The Globe and Mail

• Patrick Brazeau to return to Senate after 3-year legal saga

• Canada moves to regulate vaping products to help protect young people

• Montreal passes controversial pit bull ban

• Law Society welcomes new lawyers and recognizes two distinguished leaders

• Digital censorship: Turkey's request for Twitter to block journalist part of growing trend

• Sperm donor who fathered more than 30 kids turns himself in to police over lies about his background

• Ontario same-sex couples no longer have to adopt their own children

• Ontario children's minister seeks racial data on kids in care

• Alabama chief justice testifies that ethics charges over his gay-marriage advice are ‘ridiculous’

• Judge shortage means some trials taking 2.5 years to be heard - Globalnews.ca

• Is a hockey glove a glove or a mere 'article of plastic'? It takes two courts and a tribunal to decide

• Americans Were Still 'Buying' Indigenous Canadian Children Just a Few Decades Ago

• Florida Supreme Court approves mandatory tech CLE classes for lawyers

• McCain heiress wants to disqualify husband's 'nightmare' lawyer because she fears him, court told

• Assisted-reproduction law to get rules update: Health Canada - The Globe and Mail

• Alabama chief justice is blocked from office for a second time

• 'Ballot selfies' get US federal court blessing

• Call to end articling alternative for Ontario law grads sparks controversy - The Globe and Mail

• Jamaica, Long Opposed to Marijuana, Now Wants to Cash In on It

• Supreme Court of Canada heads into challenging fall session - The Globe and Mail

- Garry J. Wise, Toronto

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

#FlashbackFridayReads: I Don't Know

Today on #FlasbackFriday let's read back on one of my blog post on when to say "I don't know" without actually saying "I don't know." 

- Garry J. Wise, Toronto

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

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Thursday September 29, 2016. Today we are talking about Wills and Estates.

A video posted by Wise Law Office (@wiselaw) on Sep 29, 2016 at 6:18am PDT

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

LawFact of the Day: Family Law

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

A video posted by Wise Law Office (@wiselaw) on Sep 28, 2016 at 6:27am PDT

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

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Tuesday September 27, 2016. Today we are talking about Employment Law.

A video posted by Wise Law Office (@wiselaw) on Sep 27, 2016 at 6:30am PDT

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, to the employee.

- Garry J. Wise, Toronto

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

140Law: Legal Headlines for the week of September 26, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on Sep 26, 2016 at 7:15am PDT

• Is 51 Too Old To Be Hired as a Police Officer?

• How FDA is cracking down on stores selling e-cigarettes to minors

• Ontario Court Of Appeal Rules On The Duty To Mitigate In Howard V. Benson Group

• The case against cameras in the courtroom - CBC.ca

• Criminal Code long overdue for overhaul - Winnipeg Free Press

• Law Society report proposes changes to combat systemic racism - Toronto Star

• Lawyers challenge Ottawa on Supreme Court appointment changes - The Globe and Mail

• Personal injury lawyer ads probed by law society, Tim Hudak - CBC.ca

• Vader case proves cameras in court should be the rule, not the exception - The Globe and Mail

• LSUC committee recommends scrapping LPP articling alternative after pilot project ends

• Canada's vague surrogacy laws may be doing more harm than good - Toronto Star

• Jim Carrey calls lawsuit over ex's death 'heartless'

• Children’s aid overhaul would raise top age to 18

• Canada's intelligence service still allowed to act on information obtained through torture

• Report: Lawsuits were settled with money from Trump charity fund

• 'Slow, inefficient, and costly': Canada's criminal justice system needs urgent reform, report finds

• Violent attacks, threats against lawyers not uncommon, Toronto lawyer says - CBC.ca

• Quebec woman ordered by judge to remove hijab in court seeks clearer rules - CBC.ca

• Man charged in hospital bed with attempted murder of Toronto lawyer - CityNews

• Ontario lawyers facing LSUC complaint over handling of St. Anne’s residential school case

• Law society seeks to suspend Toronto lawyer charged in alleged Ontario Provincial Police union swindle

• Toronto landlord can't evict well-dressed 'professional tenant' who isn't paying rent

• Foreign buyers tax for Toronto-area real estate called 'knee-jerk' reaction

• How Clinton’s or Trump’s Nominees Could Affect the Balance of the Supreme Court

- Garry J. Wise, Toronto

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

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Thursday September 22, 2016. Today we are talking about Wills and Estates.

A video posted by Wise Law Office (@wiselaw) on Sep 22, 2016 at 6:25am PDT

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

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday September 21, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 21, 2016 at 6:35am PDT

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

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Tuesday September 20 2016. Today we are talking about Employment Law.

A video posted by Wise Law Office (@wiselaw) on Sep 20, 2016 at 6:23am PDT

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

140Law: Legal Headlines for the week of September 19, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on Sep 19, 2016 at 7:34am PDT

• 'Knees together' judge made mistakes but has strong moral compass,' inquiry hears 

• Stephen Harper hired by international law firm Dentons

• 2 of Canada's top banks back away from marijuana industry

• Canada's genetic discrimination Bill to begin debate

• ABA Committee Recommends Tougher Bar Pass Standard

• BC government lays out defence in court challenge of public health system - The Globe and Mail

• Maryland uncle pleads guilty in fatal beating of 9-year old over missing birthday cake

• Vancouver’s Bull Housser to merge with Norton Rose Fulbright

• Dennis Oland bail appeal could set nation-wide legal precedent - Toronto Star

• Hard-line Iranian judge dismisses lawyer of Canadian prisoner Homa Hoodfar

• 'It literally moved me to tears': New Ontario provision allows abuse victims to break housing leases

• Judge rules cameras can be in courtroom for Travis Vader murder verdict

• Lawmaker who opposed helmet law dies in motorcycle crash

• Worth the headache? Why banks are shying away from pot-related businesses

• 'Do not be dissuaded' Marie Henein tells female U of S law students

• Ontario’s Chamber of Commerce to Wynne: let private retailers sell pot

• CASL still confusing

• Calls for Obama to pardon Edward Snowden likely to be rejected

• New Records Shed Light on Donald Trump’s $25,000 Gift to Florida Official

• Protective Order for Source Code

• The Five Stages of Every Legal Career

• 4 Alberta judges under scrutiny for sex assault rulings

• StatsCan chief resigns over Ottawa's failure to protect agency's independence

• Swedish appeals court upholds detention order for Julian Assange

• 4th trial for same murder: Ontario man's trial begins again on Monday

• Netflix faces lawsuit from 21st Century Fox over poaching executives

• Cameras in court do more good than harm, but legal world doesn't see it that way: Ian Hanomansing

- Garry J. Wise, Toronto

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

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday September 16, 2016. Today we are talking about Wills and Estates.

A video posted by Wise Law Office (@wiselaw) on Sep 16, 2016 at 6:44am PDT

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.

- Garry J. Wise, Toronto

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

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday September 15, 2016. Today we are talking about Civil Litigation.

A video posted by Wise Law Office (@wiselaw) on Sep 15, 2016 at 6:29am PDT

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.

If a Defendant is served elsewhere in Canada or the US, a Statement of Defence must be filed within 40 days of service.  If a Defendant is served outside Canada or the US, the Statement of Defence must be filed within 60 days of service.

- Garry J. Wise, Toronto

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 September 14, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 14, 2016 at 6:45am PDT

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.

- Garry J. Wise, Toronto

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

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Tuesday September 13, 2016. Today we are talking about Employment Law.

A video posted by Wise Law Office (@wiselaw) on Sep 13, 2016 at 7:12am PDT

Did you know "use it or lose it" vacation policies are illegal?

Upon termination of employment, any outstanding vacation is owed to the employee.

- Garry J. Wise, Toronto

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

140Law: Legal Headlines for the week of September 12, 2016

Here are the leading legal headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on Sep 12, 2016 at 7:42am PDT

• Missouri must reveal suppliers of lethal injection drug, 8th Circuit says 

• Cosby's lawyers want judge to throw out evidence

• Ottawa taken to court over limits on political activity by charities

• 'Basically, medicare is being put on trial': Landmark private health care lawsuit goes to B.C. court

• Prosecutors in Bill Cosby case want 13 other women to testify at sex assault trial

• Former Quebec judge convicted of murdering wife applies for bail

• Doctors say pot-smoking should be banned for Canadians under 21

• Alberta Judge blasts politicians for 'neglected' court system - CBC.ca

• Former Manitoba marriage commissioner fights requirement to perform same-sex ceremonies - CBC.ca

• Under fire at CRTC hearing, Bell promises big change to $25 basic TV plan

• The Latest: Cosby lawyer to likely ask for trial to be moved

• Vaughan developer charged after trees destroyed without permit

• Justice Robin Camp made 'stupid' comments and didn't know history of sex assault law: professor

• Ammon and Ryan Bundy won’t be allowed to wear their preferred cowboy attire at trial

• Spanking is never a good idea: child psychologist - CBC.ca

• Michigan Prosecutors Defy the Supreme Court

• Here’s Why Ecuador’s $9.5 Billion Judgment Against Chevron Is Headed to Canada

• Questions to be raised about Durham cop’s weed shop

• Alta. appeal ct: judges can overturn 'unfair' church edicts after man shunned by Jehovah's Witnesses

• Challenge of Quebec law asserting right to unilaterally secede heads to trial — 16 years later

- Garry J. Wise, Toronto

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

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday September 8, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 8, 2016 at 6:35am PDT

A family law Separation Agreement is a binding legal agreement signed by both spouses to document the resolution of all or some of the legal issues arising from their separation.

Both parties must obtain independent legal advice regarding the Agreement. Separation Agreements may be entered into by married and common law spouses.

- Garry J. Wise, Toronto

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

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Wednesday September 7, 2016. Today we are talking about Employment Law.

A video posted by Wise Law Office (@wiselaw) on Sep 7, 2016 at 6:43am PDT

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.

- Garry J. Wise, Toronto

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

140Law: Legal Headlines for the week of September 6, 2016

Here are the leading headlines from Wise Law on Twitter

A video posted by Wise Law Office (@wiselaw) on Sep 6, 2016 at 7:01am PDT

• The F-word is making more frequent appearances in appellate opinions 

• Lakehead law grads articling for 'dream job' despite non requirement

• John Lennon's killer denied parole for ninth time

• Lawyer contemplates heading to the Human Rights Tribunal

• Pearson airport officer’s security clearance unreasonably revoked, court says

• How Ontario plans to halt abuse of restaurant workers

• Apple ordered to pay up to 13B euros in back taxes

• U.S. sperm donor named in several Ontario lawsuits admits he falsified info

• Public consultation on how to discipline federal judges set to close Wednesday

• ‘Pervasive lawyer advertising’ singled out by Insurance Corporation of BC as reason for rate hike

• Florida Supreme Court Scolds Judge Who Jailed Abuse Victim

• Rockland lawyer's licence suspended over missing millions - Ottawa Citizen

• Melania Trump Charges That She Was Libeled by The Daily Mail

• Trump campaign sued by child entertainers over broken deal

• Daily Mail retracts story after Melania Trump sues

• New trial ordered after Crown’s ‘deliberate ploy’ to influence witness deemed improper

• Toronto condo owners retake control of board in fight against short-term rental firms

• More than 100 Canadians have opted for assisted death since law passed

• Judge Denied Blacks Citizenship. Now a Maryland City Is Deciding His Statue’s Fate.

• Trial starts for discredited engineer who declared Elliot Lake mall 'structurally sound' before collapse

• Hearing begins Tuesday into Alberta judge's conduct after 'close your knees' comments

- Garry J. Wise, Toronto

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

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Friday September 2, 2016. Today we are talking about Civil Litigation.

A video posted by Wise Law Office (@wiselaw) on Sep 2, 2016 at 7:08am PDT

Under Ontario’s court rules, parties to all lawsuits commenced in Toronto, Ottawa and Windsor are required to attend at mandatory mediation to attempt to achieve settlement. Approximately 45% of cases settle at mediation.

If all parties agree, mediation may also be conducted in lawsuits commenced outside Toronto, Ottawa and Windsor, but mediation is not mandatory outside these three jurisdictions.

- Garry J. Wise, Toronto

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

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Thursday September 1, 2016. Today we are talking about Wills and Estates.

A video posted by Wise Law Office (@wiselaw) on Sep 1, 2016 at 6:51am PDT

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