Child Support – Honesty is Still the Best Policy
The Supreme Court of Canada just dismissed the appeal of a father who owed $170,000.00 in child support arrears. He consented to a child support order for his daughters, did not pay for 16 years, and eventually asked the Superior Court to reduce what he owed them....
Potential Pitfalls of Imposing a Status Quo Parenting Schedule
One of the first cases to be decided under the new Divorce Act, which came into force as of March 1, 2021, was what the parties themselves described as a high conflict case. In Pereira v. Ramos, the parents were married for about ten years and separated for two. They...
How Long Can I Wait To Look For A New Job?
Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions. You can find links to these...
Publicly Placing A Person In False Light
The COVID-19 pandemic forced millions across the province to work or study from home. In order to use videoconferencing or virtual classrooms, a stable internet connection is needed. While the internet has become an indispensable tool for most Ontarians, we...
What Am I Entitled To In A Wrongful Dismissal Claim?
Most of the time, when a client comes to see me about a wrongful dismissal, the client tells me, “I only want what I am entitled to.” However, most of the time, the client does not really know what he or she is entitled to in damages or compensation. The Court of...
Update on Termination Clauses from the Court of Appeal
Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace. These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon...
COVID-19: Legislative Changes for Employees and Employers
We have heard it repeatedly from the media and our political leaders. These are unprecedented times. Since the government-ordered shutdown of all businesses and services that were deemed to be non-essential, the financial well-being of millions of Canadian...
COVID-19: Legislative Changes to Constructive Dismissal
As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In...
COVID-19 – Urgent Applications During the Pandemic
With the onset of the COVID-19 pandemic in March, courts across the province ceased operations almost entirely. At present, in the Superior Court of Justice, the only civil cases to be adjudicated are those considered urgent in nature. A link to the Notice issued by...
Lawyers Using Technology to Continue Serving Clients during the Pandemic
Lawyers Using Technology to Continue Serving Clients during the Pandemic The COVID-19 pandemic has changed everybody’s lives over the past months. It has certainly had a huge impact on the ability of people to obtain common legal services in the way they are...
Recording Your Spouse To Prove “Bad Behaviour” May Do More Harm Than Good To Your Children
Some parents may feel they can “prove” themselves to be the better parent, or that the other parent’s behavior is not in the children’s best interest, by recording their children, or the other parent, surreptitiously. Is it worth it? There have been many cases...
I Am Separated – Do I Need To Make Or Change My Will?
I am separated – do I need to make or change my Will? I am always surprised at how many people do not have a Will, despite having children and significant assets. Of course, facing our own mortality is not a pleasant experience and many of us delay and rationalize...
Will Covid-19 Change Your Equalization Payment?
When married spouses separate or, in some instances, a common law relationship ends, one of the most significant issues the spouses will tackle is the division of property. If the spouses were married, that division is determined by Part I of the Family Law Act...
Negotiating a Separation Agreement
One of the first decisions to be made when negotiating a separation agreement is the date of separation. This date is important for two reasons: first, one of the grounds parties can rely on to obtain a divorce is that they lived “separate and apart” for at least...