Dependant support claims: the basics
The ability to choose who you want to include in your Will and what you want that person to receive—commonly referred to as “testamentary freedom”— is a deeply entrenched common-law principle. In the case of Canada Trust Co. v. Ontario (Human Rights Commission) (1990), 1990 CanLII 6849, the Court of Appeal for Ontario noted that “the freedom of...
Continue reading the post titled Dependant support claims: the basicsLaidlaw
Laidlaw Siskinds commenced class proceedings in 1994 alleging breach of contract, negligent misrepresentation and misstatement against the Defendant, Laidlaw Carriers Inc., in relation to early retirement packages offered in 1988 to employees who, at that time, had more than 10 years of service with the company. The Laidlaw class action, represented by Kenneth R. Schweyer...
Continue reading the post titled LaidlawUpcoming, practical changes to Ontario’s Business Corporations Act
Bill 213, the Better for People, Smarter for Business Act, 2020 received Royal Assent in December of 2020. As a result, some significant amendments to Ontario’s Business Corporations Act (“OBCA”) will come into force on July 5th, 2021: 1. Elimination of Director’s Canadian Residency Requirements Currently, Subsection 118(3) of the OBCA mandates at least 25 percent of...
Continue reading the post titled Upcoming, practical changes to Ontario’s Business Corporations ActCan I walk away if I don’t pay the real estate deposit?
Over the past few months we are seeing more scenarios where a buyer, having their offer to purchase real estate accepted, will not pay the deposit and then try to walk away from the deal. Whether due to buyer’s remorse, or because a buyer submits offers on multiple properties and then moves forward with only...
Continue reading the post titled Can I walk away if I don’t pay the real estate deposit?Liability waivers: Are they enforceable?
Nearly every recreational activity offered today requires the participant to sign a waiver of liability. Skiing, spin classes, kid’s field trips- waivers have become so common place that people don’t think twice about signing them. But what effect do these waivers really have? If you or your child is injured after you’ve signed a waiver,...
Continue reading the post titled Liability waivers: Are they enforceable?Navistar
Navistar Reduced Post-Retirement Health Benefits Reble v. Navistar International Corporation Canada 1998 – Settlement for non-union retirees whose post-retirement health benefits were reduced was reached in 1998 against Navistar International Corporation Canada.
Continue reading the post titled NavistarAttendant care benefits and the trivialization of women’s work
Caregiving is often performed by women and is considered women’s work. It is also undervalued and unpaid. The way automobile insurers determine how care providers are (or are not) paid illustrates and perpetuates this problem. Attendant care benefits may be available to those who have sustained injuries in a car accident, under the Statutory Accident...
Continue reading the post titled Attendant care benefits and the trivialization of women’s workBill C-230–A time for change
On February 26, 2020, Bill C-230, a private member’s bill, was introduced by Nova Scotia MP Lenore Zann to seek environmental justice in Canada. Bill C-230 requires the Minister of the Environment to develop a national strategy to promote efforts across Canada to address the harm caused by environmental racism (the “Bill”). On June...
Continue reading the post titled Bill C-230–A time for changeKrones
Krones Mass Termination – Wrongful Dismissal Smith v. Krones Machinery Company Ltd. A Settlement for damages for wrongful dismissal resulting from mass termination was reached against Krones Machinery Company Ltd. in 1999.
Continue reading the post titled KronesCan adultery be used as a reason for divorce?
Three grounds for divorce In Canada the laws related to divorce are governed by the Divorce Act, which effective March 1, 2021 underwent some significant amendments. The Divorce Act is federal legislation, so it applies all across Canada. The Divorce Act sets out what must occur prior to a Court granting a Divorce to married...
Continue reading the post titled Can adultery be used as a reason for divorce?Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.