John O’Sullivan has provided an excellent summary of the Supreme Court of Canada’s latest case on unjust enrichment, Moore v. Sweet 2018 SCC 52: “The Latest Word on Unjust Enrichment“. The Supreme Court of Canada itself has provided a “Case in Brief“. Camberwell House’s summary of what “unjust enrichment” is found here.
Jeff Dutton (of Dutton Employment Law) has written a very useful article on First Reference (also found on the firm’s blog here): “30 tips for a reasonable workplace investigation“.
In Panda Estate (Re), 2018 ONSC 6734 (CanLII) As the reader will recall, the Milne Estate decision said that a multiple will basket clause failed because — according to Dunphy J. in Milne Estate — a will is a form of trust and that, in order for a will to be valid, it must create […]
One of the more difficult things for beneficiaries or potential beneficiaries of a deceased individual is to find out if a deceased had a Will, and where it is. This is even more difficult where the deceased has lived in multiple jurisdictions, or the lawyer who held the Will has died or retired, or where […]
“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
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% […]
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. […]
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 […]
URGENT NOTIFICATION re MULTIPLE WILLS AND THE MILNE ESTATE DECISION What are “multiple wills”? Where a testator prepares more than one will for his estate. The “Primary Will” covers assets that require probate, and is submitted to the court to obtain Letters of Administration; estate fees are paid on those assets. The Secondary Will contains […]
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 […]