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Posts Categorized: Uncategorized
34 ResultsA Refresher of Courtroom Etiquette
For civil matters, parties represented by a lawyer do not necessarily need to attend a hearing. For parties who may want attend court hearings anyways, here are a few etiquette and practical considerations to be aware of prior to entering the court room: For virtual hearings: – Log in to the zoom link several minutes…read more
Friends Turned Foes: Application of the Limitations Act on Informal Loans
Loans between family or friends is a common practice. These agreements are often free of the interest rates and nexus of paperwork attached to loans provided by financial institutions. While the prospect of helping out a loved one may seem like an attractive opportunity, the informal nature of these loans carries the risk of non-payment….read more
When You Can’t Afford a Funeral
A CBC news article published last week highlighted a mother’s grief after the death of her daughter because the family could not afford a funeral. Tragically, the body of the deceased daughter was held in a hospital freezer as the morgue was at capacity. While the CBC article mentioned financial assistance available in Newfoundland and…read more
Litigation en Français
Under the Courts of Justice Act, the official languages of the courts of Ontario are English and French.[1] A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding, meaning: – The hearings that the party specifies shall be presided over by a judge or…read more
Orders for Contempt – Who, What, Where and How?
The notion of having an individual cited or declared in contempt of Court is something litigants may hear about, but the nuances of obtaining a contempt order are worth reviewing. Generally, a motion for contempt may be brought when a person has failed to comply with the terms of a Court order. In particular, Rule…read more
Duties of a Guardian and Attorney – Who is a “Supportive” Family Member of Friend?
When a person is acting as a guardian (of property or of the person) or an attorney (for personal care or for property), there are many duties that they must observe and comply with as set out in the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“SDA”). Acting in accordance with these duties is…read more
How Long Do You Have to Bring a Will Challenge?
In Ontario, most legal claims are subject to the basic two-year limitation period set out in Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Limitations Act”). This basic limitation period requires legal claims to be brought within two years of the day on which the claim is first discovered….read more
Persons under Disability and Settlement
Rule 1.03 of the Ontario Rules of Civil Procedure defines a person under a disability as being a minor or someone mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992, S.O. 1992, c.30, in respect of an issue in the proceeding. In estate litigation, the rights of minor…read more
Dealing with the Debts and Liabilities of an Estate and Abatement
It can often be the case that there are debts and liabilities attached to a deceased’s estate. This can include things such as taxes and debts in the form of loans, credit cards and funeral expenses, among others. One of the most important duties of an estate trustee is ensuring that all of the estate…read more
Seeking Court Approval of a Settlement in Writing
Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, subrule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has…read more