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Wednesday, March 03, 2021 @ 6:21 AM

TRUSTS - Express trusts - Requirements - Certainty of intention

Appeal by the wife from a finding that a corporate-owned family residence was subject to an express trust in the wife’s favour and therefore a family asset. Cross-appeal by the husband for a larger share of the residence and the setting aside of an order directing him to bear 50 per cent of the residence’s expenses. ... [read more]

Monday, March 01, 2021 @ 1:20 PM

Black history month: Going beyond statements of support | Charlene Theodore

The Ontario Bar Association’s Black History Month campaign, #StandingOnTheShouldersOfGiants, celebrated the Black lawyers who paved pathways — those tireless champions who have for decades fought the never-ending and often lonely fight for equality and inclusion in the profession. It is on their shoulders I stand as the first Black president of the OBA. I thank them and I am proud to say that their legacy is reflected in the work and the diversity of our members.    ... [read more]

Monday, March 01, 2021 @ 12:48 PM

Born free and equal: More on conversion therapy | Marvin Zuker

Ontario Human Rights Commission maintains that using the right pronouns can affirm gender identities and challenge discriminatory beliefs. Using the wrong pronouns can “disempower, demean and reinforce exclusion.” ... [read more]

Monday, March 01, 2021 @ 8:41 AM

The Coach: Succession planning for large firms, part one | Gary Mitchell

The past two months I have written about succession planning for smaller firms. This two-part series is about succession planning for larger firms. ... [read more]

Friday, February 26, 2021 @ 2:30 PM

Preservation orders in dependant’s relief claims Hand holding a stop watch

A preservation order in the context of a dependant’s relief claim is critical to ensure that there are funds to satisfy the dependant’s claim pending the outcome or resolution of the court application. ... [read more]

Friday, February 26, 2021 @ 11:43 AM

Battle of the experts Man in suit holding one hand to heart and other hand palm out

Courts in family law matters are increasingly reliant on expert opinions regarding the value of business interests and the calculation of income for support. The most disputed cases that make it to trial usually have two experts involved, each with different opinions as to values. The recent case of Frondall v. Frondall 2020 SKCA 135 provides clarification on points of interest regarding the use of expert opinions in family law matters. ... [read more]

Friday, February 26, 2021 @ 8:31 AM

Wellness: The good, the bad and the ugly of Zoom | Darryl Singer

I absolutely love our profession’s adaptation to Zoom in the last 10 months. While I remain, after all these years, passionate about being a litigator and enjoy nothing more than a day in court, discovery or mediation, the travel was really starting to get to me. I live in Thornhill, Ont., which for those outside of the Greater Toronto Area (GTA), is a suburb just north of Toronto proper, but about 30 kilometres from downtown, which in Toronto traffic is anywhere from one to two hours in rush hour. ... [read more]

Thursday, February 25, 2021 @ 2:20 PM

Hand made: Issues with holograph wills Hand writing the word "testament"

A handwritten document has created a swirl of controversy around the estate of recently deceased talk show host, Larry King. The document, known as a holograph will, excludes Shawn King, Larry’s wife of 24 years, from any share in his estate, and instead divides his empire equally between his five children (two of whom died in 2020). King filed for divorce from Shaun King in August 2019, though the divorce was never finalized. Just two months later, in October 2019, King apparently wrote the disputed holographic will. Shaun King is contesting the purported will, which Larry King Jr. submitted to the Los Angeles Superior Court on Feb. 10, 2021. ... [read more]

Thursday, February 25, 2021 @ 11:31 AM

How far can parent go to protect children from impact of COVID-19? Woman holding hands and walking with children' all are wearing masks

In I.L. v. C.R. 2021 ONSC 590, Justice Pazaratz was faced with a case where a mother and her children travelled to their vacation property in Newfoundland. The children told their father that they wanted to stay in Newfoundland where there were few COVID-19 cases. Their father asked Justice Pazaratz to order his ex-wife and all three children to return to Ontario so he could resume his shared parenting schedule. ... [read more]

Thursday, February 25, 2021 @ 8:35 AM

Virtual vs. in-person trials: Benefits, negatives, considerations Female lawyer on video screen

Law has long been criticized as an industry that has been resistant to change. However, the COVID-19 pandemic has forced the legal profession to implement certain changes. The Ontario Court of Justice stated that many court proceedings are now not conducted in person but to be conducted via audioconference or videoconference. ... [read more]