The Great Stork Derby

The Great Stork Derby It is not the law that anyone who entertains wrongheaded notions, capricious whims or absurd idiosyncrasies cannot make a will. Skinner v. Farquharson — (Supreme Court of Canada, 1902) Although television has perpetuated the myth that wills are possessed of a certain mystique, generally speaking the contents of a will are […]

Multiple Wills – Another Thought About Probate Fees

Multiple Wills – Another Thought About Probate Fees It may be in your best interests to have two wills. Why? The Ontario Court of Appeal has held that probate tax need only be paid on the value of the assets covered by the will that is submitted to probate. A probated will is generally not […]

Sample Limitation Periods for Ontario

Sample Limitation Periods for Ontario The following table is a sampling of the limitation periods in the Province of Ontario. Depending on the particular circumstances even these limitation periods may vary. Please consult a lawyer if you believe you have a legal claim. Claim Limitation Highway Traffic Accidents 2 years Claims against physician for negligence […]

Now That’s Creative!

Now That’s Creative! This story has made the rounds on the Internet, but it’s priceless and bears reprinting. A Charlotte, NC lawyer purchased a box of very rare and expensive cigars, then insured them against fire, among other things. Within a month, having smoked his entire stockpile of these great cigars and without yet having […]

The Clock is Ticking: Legal Limitation Periods

The Clock is Ticking: Legal Limitation Periods The most highly skilled and knowledgeable lawyer can be of no assistance to the client who has not called him or her until after the limitation period has expired. Daniel Simmons In two previous articles, Occupiers’ Liability (Fall 2002) and It’s that time of year again (Winter 2002), […]

Collecting Those Outstanding Debts

Collecting Those Outstanding Debts Credit has become an integral part of our day to day lives. Most of the time loans and credit are repaid in a timely fashion. However, when debtors fail to meet their financial obligations, creditors must resort to a variety of methods to collect. Self-help remediesDepending on the type of creditor, […]

Occupier’s Liability

Occupier’s Liability A customer slips and falls at the grocery store. A child falls off the monkey bars at a city park. A teenager is injured during gym class. The legal issue in each of these instances is the liability of the occupier for their visitors’ injuries. In Ontario, an occupier’s obligations are set out […]

Managing Your Risks

Managing Your Risks If you are an occupier, particularly of a commercial establishment, there are certain steps you can take in order to minimize your potential liability should a visitor to your premises be injured. Develop plans to deal with all foreseeable situations that could be dangerous or could lead to liability. Put up easy-to-read, […]

The Best Interests of the Children are Paramount

The Best Interests of the Children are Paramount “In the best interests of the child” is the legal test the courts turn to time and again when faced with cases involving children. In this article, we will focus on this test as it relates to the issue of custody. In Ontario, custody is governed by […]

Financial Assistance for First-Time Homebuyers

Financial Assistance for First-Time Homebuyers Both the federal and provincial governments have set up programs to help people purchase their first home. The following is a list of the programs along with their respective rules. LAND TRANSFER TAX REFUND The Deal A refund of the land transfer tax up to a maximum $2,000. The Rules […]