Author: David Sanders

Two good articles on the Milne Estate decision

“What Is a Will and What is the Role of a Court of Probate?” Albert Oosterhoff, Whaley Estate Litigation Partners, September 26, 2018 “A Problem Crying out for an Early Resolution” Donald Carr, Aird Berlis, November 13, 2018

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“5 things commercial landlords should know about the new Construction Act”

Laurie J. Sanderson of Gowling WLG draws our attention to the new “Construction Act” (formerly called the “Construction Lien Act“) which “promises to be a significant shift in the way that the Construction Act affects commercial landlords in Ontario”, and draws our attention to five important things to note about the changes: 1. Automatic 10% […]

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“Mandatory HR Policies required by law in Ontario”

Monika B. Jensen Ph.D, principal of the Aviary Group, a specialist human resources firm, provides an excellent summary of mandatory, recommended and helpful policies that employers should have: … Mandatory HR policies required by law in Ontario. […] 1. General health and safety policy 2. Violence policy 3. Harassment policy 4. Domestic violence policy 5. […]

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New employment law changes

On October 23, 2018, the new Conservative Ontario government introduced Bill 47, the “Making Ontario Open for Business Act”, getting rid of parts of “Bill 148”, the former Liberal government’s “Fair Workplaces, Better Jobs Act, 2017” Changes to Employment Standards Act and Labour Relations Act and the College of Trades legislation. This is a summary […]

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Urgent news re “multiple wills”

URGENT NOTIFICATION re MULTIPLE WILLS AND THE MILNE ESTATE[1] DECISION Note:  This lower court decision putting multiple wills into doubt has been overturned.  Please see my blog post “Basket Clauses are Okay Again”.  What are “multiple wills”? Where a testator prepares more than one will for his estate.  The “Primary Will” covers assets that require […]

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What is a “constructive trust”?

Normally, when we think of a trust, we think of one specifically and deliberately set up: a trust fund for one’s children, for example.  This is an “express trust”. A “constructive trust“, however, is one which is a court declares exists or imposes onto parties despite the fact that there wasn’t a specific intention to […]

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Personal electronic devices: Canada/USA border rights and obligations

Henry Chang at Blaney’s has provided two very useful summary articles on your rights and obligations regarding your personal electronic devices when crossing the Canada-US border. “U.S. Customs and Border Protection Updates Policy on Border Searches of Electronic Devices” “Does the Canada Border Services Agency Have the Authority to Search Your Electronic Devices?”  

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“Begin With the End in Mind: The 6 Steps of The Estate Planning Process”

Daniel Collison provides a useful 6-step guide to thinking about estate planning in “Begin With the End in Mind: The 6 Steps of The Estate Planning Process”. His points: Establish and Secure Retirement Lifestyle Goals Determine and Minimize Estate Taxation Determine Estate Beneficiaries Formulate Distribution Strategies Protect Estate Value Formalize Estate Documentation The entire article […]

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HRTO making bigger damage awards

From De Bousquet PC Barristers and Solicitors: “…there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees. However, it seems that an employer’s conduct must be of a particularly egregious nature to warrant such a significant award.”    

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What Is and Isn’t Required of Employers During Ontario Election

Michael Comartin of Ogletree Deakins provides us with this: “Ontario employers may want to be mindful of their obligations with respect to employee voting rights on Election Day. This means not only understanding what the law requires of employers but also what it does not require, as employees often have misconceptions about what their rights […]

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