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Published on: 12 Jul 2017 By

QuĂ©bec – New Code of Civil Procedure – Experts

On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order...

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Published on: 24 Jul 2018 By

What is a Qualified Disability Trust?

The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rate. The QDT is an exception...

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Published on: 6 Nov 2018 By (She/Her)

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have...

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Published on: 14 Nov 2018 By

Bill 47 – Amendments to the Labour Relations Act, 1995

The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Union’s ability to obtain a list of employees Currently, s,...

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Published on: 19 Mar 2014 By

Proposed legislation would make the roads safer for cyclists

On Monday, the Province announced new legislation that would improve cyclist safety on Ontario’s roads and highways. If passed, the proposed Keeping Ontario’s Roads Safe Act and supporting amendments to the Highway Traffic Act will: Increase fines for distracted driving from a range of $60 – $500 to a range of $300 – $1,000 and assign three demerit points...

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Published on: 5 Dec 2012 By (Dianne Saxe)

When can municipalities regulate environmental impacts?

Eleven years after the landmark Spraytech case, how far have municipalities been able to go in regulating environmental impacts of federally and provincially regulated activities? The people who must live closest to a resource or energy project often turn to their municipalities to protect them from health and environmental harm. Some municipalities have therefore adopted,...

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Published on: 30 Aug 2017 By

Obstruction Charge Results in 45 Days in Jail

On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the performance of their duties, contrary to the Environmental Protection Act. The...

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Published on: 28 Oct 2014 By (Dianne Saxe)

Yukon proposes eco fees on tires and electronics

The Yukon government has proposed a new recycling regulation that includes eco fees on tires and electronics. The rollout of a similar system in Ontario several years ago, for  household hazardous waste, was fumbled and created an embarrassing backlash. Since then, Ontario has been “allergic” to the concept of point-of-sale eco fees, no matter how...

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