There are often negative connotations associated with marriage contracts. Many people have the preconceived notion that parties who enter into a marriage contract will ultimately end up divorced. Marriage contracts are often associated with mistrust, greed, and lack of commitment. In reality, they are important tools that provide couples with …
The Complexities of Intestate Succession in Ontario: Why Planning Ahead is Essential
Intestate Succession under the Succession Law Reform Act When a person dies without a valid Will in Ontario, they are considered to have died “intestate”. In such situations, the distribution of their estate is governed by Part II of the Succession Law Reform Act (“SLRA”), which outlines the rules for …
Fear Thy Neighbour: Examining the Tort of Intrusion upon Seclusion
Having difficult neighbours can make living even in a mansion unbearable. Common neighbour disputes revolve around issues like trespassing and nuisance. These issues are clear and actionable and the remedies for them typically address visible or tangible harm. However, courts in Ontario have recognized a distinct legal remedy that does …
Understanding Personal Injury Claims: A Step-by-step Guide
If you have been injured by the wrongdoing or negligence of someone else, you may have grounds to bring a personal injury claim. Common cases involve, but are not limited to: ● Motor vehicle accidents;● Premises liability (including slip and fall accidents);● Medical malpractice;● Wrongful death;● Product liability; and● Intentional …
Untangling Finances: Managing Debt After a Common-Law Relationship Ends
When common-law couples separate, they may be surprised to discover there is no legislative formula for dividing or distributing their debt. Creditors are not obliged to release debtors after separation, so it is not uncommon for one spouse, perhaps the one with better credit, to bear the burden of the …
Transparency in Insurance: The Impact and Legal Implications of Non-Disclosure
Navigating the world of insurance can feel like venturing into a maze, but there’s one rule that stands tall amidst the complexity: the duty to disclose. In Ontario, the Insurance Act requires full transparency when applying for insurance. Section 183(1) of the Insurance Act makes it clear that all relevant …
Paws and Reflect – Navigating Pet Ownership in Ontario Separations
Separation and divorce are never easy. Disputes regarding ownership (or care of) of the family pets may add additional emotion to an already difficult separation. In Ontario, the question of who retains possession of the family pets during a separation or divorce has been a topic of evolving legal discourse. …
Winter Hazards: Navigating Snow and Ice in Personal Injury Claims
‘Tis the season for snow blowers and de-icing agents in Northern Ontario. Slip and fall accidents on snow and ice are all too familiar for Ontario residents. If you have been injured due to the negligent maintenance of snow and or ice on private or public property, you may be …
A Guide to Understanding Constructive Dismissal in Ontario
What is Constructive Dismissal?Employers do not always fire employees directly. Rather, they sometimes make significant changes to the terms of an employment contract or create a work environment so toxic or hostile that an employee is compelled to resign. This may constitute constructive dismissal. Not all changes to employment amount …
Placing Cautions on Title: Proceed with Caution
In many situations, you might want to alert others that you have a stake in a property, even if you’re not the registered owner. This can be accomplished by registering a Caution on title. A Caution alerts others that the property may have a legal claim against it, which could …