Opinion

I’m the executor but not a family member and it’s getting awkward

By Lisa Laredo Have you been named the executor but you’re not a family member? Being executor of an estate can be a tough job. After all, you are required to gather all of the estate assets, pay the person’s debts and divide what remains of their estate amongst their beneficiaries. It can be challenging, overwhelming, time-consuming and emotionally draining. Read more

Accommodation and the Human Rights Code

By Christopher Achkar By Christopher Achkar . Under the Human Rights Code, employers in Ontario are expected to accommodate their workers to the point of “undue hardship.” This is commonly known as the “duty to accommodate.” Read more

Stress webinar gone stressful

By Marcel Strigberger I just concluded a stressful week, all because of a webinar I took in on handling stress. Being retired from the practice of law, I find my main stressor now is technology. I’m a devout baby boomer and I feel marginalized dealing with computers and other machines. Read more

Former spouse receives entire life support payout

By Lisa Gelman When people get divorced or separated , it is common for one party to take out a life insurance policy in order to fulfill any child or spousal support obligations they may be unable to make in the event of their death. Read more

What you need to know about impaired driving charges in 2019

By Joseph Neuberger Recent changes to the impaired driving laws by the federal government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, Dec. 18, 2018. Read more

Language to limit incentive compensation on termination

By Laura Williams Without an enforceable employment agreement, upon a without-cause dismissal, an employee is entitled to be provided with pay in lieu of reasonable notice including his or her full compensation package during the (often lengthy) common law reasonable notice period, including base salary, benefits, bonuses, stock options and more. Read more

Ontario Health Teams Wave 1: privacy and culture shift supports

By Kate Dewhirst You and your community have signed up to be a Wave 1 Ontario Health Team. Does it feel like you are on a roller coaster? You signed up. You’ve strapped yourself into the seat. Read more

Divorce litigation via Skype

By Steven Benmor Cross-examination is the questioning of a party in order to evaluate the truth of that person’s testimony and to gain admissions. In the U.S., this is called a deposition. In Ontario, it is called an examination for discovery in civil cases and questioning in divorce cases. Read more

Should that doggy be in the window?

By Inga Andriessen Lately, it seems that pets are everywhere. As both a business lawyer and an individual with a severe animal allergy, I notice it more than the average person as if a pet is in a business, I cannot breathe in that business. I like pets, I just like breathing more. Read more

Four things I don’t understand — and four shocking answers

By Ian Hull Answers to every question are now online. But often, a question pops into our head only to vanish quickly from our thoughts when the triggering moment disappears. And we forget to look up the answer later. Read more

Cannabis legalization doesn’t mean you can be high at work

By Stuart Rudner On Oct. 17, 2018, the recreational use of cannabis was decriminalized. For several years before that, I spoke at conferences to address extensive fears that decriminalization would lead to rampant drug use and impairment at work. Read more

Washington is the first state to allow human remains to be composted

By Suzana Popovic-Montag You’re likely familiar with the Christian burial phrase “ashes to ashes, dust to dust.” While that phrase has been recited over graves for centuries, it may need changing in Washington state. With the green light given to the composting of human remains, “dust to dirt” may be a more appropriate way of putting it. Read more

Petty estate dispute intensifying

By Charles Ticker A recent story online outlines the current dispute involving the estate of the deceased musician Tom Petty. He died on Oct. 2, 2017 at the age of 66. The Petty estate dispute places his widow against his two daughters from his first marriage. His widow has commenced a case in L.A. County Court accusing the daughters of interfering with the management of the Petty estate. Read more

Raptors parade chaos causes injury

By Jasmine Daya Twenty-four years later and the Raptors managed to clinch the NBA championship title this year. Once the Raptors hit the playoffs, the excitement in Toronto soared and continued to spread across the country until the final game. Six in six! They did it. They made history. Read more

Determining the date of separation

By Andrew Feldstein In this case , the court was tasked with determining a couple’s date of separation which is vital in moving forward with divorce proceedings because it is the reference point used to determine when marital property shall be appraised. It also signifies the starting point for the countdown of various limitation periods. Read more

Trigger alert: life changes mean you need to change your will

By Lisa Laredo You’ve written a will — great! But when was the last time you reviewed it? If you don’t know the answer to that question, then it’s probably time to do so because a will is not something that you can simply set and forget. Certain life events should naturally trigger a will review. Read more

University tribunals are no substitute for courts

By Joseph Neuberger . The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights. Increasingly, students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. Read more

Are you fully compliant? Five reasons to go to a U.S. tax adviser

By Alexey Manasuev . You work hard for your money. Naturally, you want to keep as much of it as possible when you file your taxes. If you’re an individual filing a simple U.S. tax return , you can likely file your own taxes without much of a hassle. Read More at U.S. Tax IQ Blog Read more

No magic age when children make their own health privacy decisions

By Kate Dewhirst . This comes as a surprise to most lay people. In Ontario, and in many jurisdictions around the world, children make their own health privacy decisions when they are “capable” of doing so and not when they reach a specific age. Read more

Conflicting statutory obligations do not absolve employer of duties

By Laura Williams . Employers in Canada are subject to a variety of legislation that governs the way they conduct business in areas ranging from environmental compliance to employee relations. What does an employer do when two of those statutory obligations seem to be at odds? While most employment-related legislation interacts with little difficulty, on occasion fulfilling one statutory obligation may cause the employer to violate another obligation at law. Read more