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Can your will be made to survive a future marriage?

The short answers are: if you are making a will in specific contemplation of a specific marriage, yes; if you are making a will which contemplates the possibility of some unknown future marriage, no. Section 16 of the Succession Law Reform Act R.S.O. 1990, c. S.26 mandates that any will made before marriage is revoked […]

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The OHSA may require you to meet more than the minimums

The OHSA may require you to meet more than the minimums

“It may not be possible for all risk to be eliminated from a workplace […] but it does not follow that employers need do only as little as is specifically prescribed in the regulations. There may be cases in which more is required – in which additional safety precautions tailored to fit the distinctive nature […]

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Big Changes for Collection Agencies

There are now significant changes to Ontario’s collection laws.  Neil Abbott and Sam Starkman of Gowlings have a good summary of some of the most important of these changes: A large change is that the definition of “collection agency” will now include a person who purchases debts that are in arrears (past due) and collects […]

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ONCA in 2020?

Natasha Smith of Miller, Thomson has some very interesting news.  It appears that after many, many years of delay (it passed third reading in 2010) the new Ontario Not-for-Profit Corporations Act (better known as “ONCA”) will finally be proclaimed into law in 2020. “Once in force, the ONCA will replace the Corporations Act (Ontario) – […]

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Major Changes to Statutory Leaves of Absence Are Underway

Carl Cunningham, Talia Bregman and Tyler Henderson of Bennett Jones bring our attention some of the biggest implemented or pending changes to statutory absences in Ontario labour law.  Some of those key changes: Pregnancy leave goes from 35 to 61 (unpaid) weeks. Parental leave goes from 37 to 67 (unpaid) weeks. Family medical leave (to […]

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“Recognizing the red flags of real estate scams involving corporate identity theft”

Lisa Weinstein (VP, TitlePlus, LawPro) gives us this important article: Recognizing the red flags of real estate scams involving corporate identity theft

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“Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors”

Scott McGrath of Weir Foulds notes a case that is of importance to all mortgage lenders: “The recent decision of the Court of Appeal for Ontario in Winters v Hunking, 2017 ONCA 909 provides an example of the court acknowledging that the mortgagor may have been within its strict legal rights to seek foreclosure on […]

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Can materials disclosed in a civil action be used in a criminal one?

Heather Douglas examines exactly this question in her recent article, “Can Discovery Evidence Be Used in a Criminal Case?” on SLAW. The Division Court in S.C. v N.S., 2017 ONSC 5566 said that it was entirely up to the trial judge: [35] […] this plain reading of the Rule does not mean that the appellant […]

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Human Rights Tribunals: wider employment jurisdiction w/o clear limits

The complainant and Mr. Schrenk were working on a construction project for different employers. The complainant alleged that Mr. Schrenk made three derogatory statements relating to the complainant while on the worksite, and later sent offensive emails for which he was terminated. The question before the Supreme Court of Canada was a jurisdictional one: did […]

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Secret recording by employee may justify termination

Donovan Plomp of McCarthy Tétrault draws our attention to an interesting decision from the Manitoba Court of Queen’s Bench:  “an employee’s use of his work phone to secretly record meetings with management may support an employer’s decision to terminate for just cause”.  It is especially interesting because the employer found out about the recordings after […]

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