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Article

Limitation Period for Equitable Trust Claims Against Estates

In Ingram v. Kulynych Estate, 2024 ONCA 678, the Ontario Court of Appeal addressed the limitation period for equitable trust claims against estates, d...
Oct 2024
Article

Court Upholds Validity of Wills Despite Claims of Undue Influence

In the case Shapiro v. Shapiro, the Ontario Superior Court upheld a woman’s dual wills despite claims of undue influence from her husband and daughter...
Oct 2024
Article

Justin Heimpel's Client Achieves Success in Ontario Superior Court

Justin Heimpel recently achieved a major win in a contract dispute over the sale of Beach Park, a $7.45 million campground. The court ruled that adjus...
Oct 2024
Article

Defining Access Rights in Landlocked Properties

Understanding Right of Way and Insights from Kranenburg v. Grice This article explores the legal complexities of right of way, particularly in landlocked properties, exemplified by the case of Kranenburg v. Grice. R...
Oct 2024
Article

Interim Variation of Final Support Orders

When a person is ordered to pay support under a final support order, and they fail to pay the support being enforced, arrears will accumulate and the ...
Oct 2024
Article

Terminated Condo Projects and Bankruptcy in Ontario Land Development

What Happens to Purchaser Deposits in the Face of a Cancelled Condo Project? This article explores the challenges faced by purchasers when condo projects in Ontario are terminated during receivership, focusing on the uncertaint...
Oct 2024
Article

Collaborative Process: Marriage Contract

Using Collaborative Process to prepare a marriage contract that will be a strong and durable agreement
Oct 2024
Article

Potential Remedies Available to Franchisees in the Event their Franchisor is in breach of its Disclosure Obligations Pursuant to the Arthur Wishart Act

This article outlines potential remedies available to franchisees when their franchisor breaches its disclosure obligations. It considers the timelin...
Sep 2024
Article

New Developments on CMHC Mortgage Loan Insurance and 30 Year Amortization Mortgage

As of September 16, 2024, the Liberal government has announced new developments: 1. 30-Year amortization period now be available to all first-time hom...
Sep 2024
Article

Separated Spouses and Inheritance Rights

Certain amendments to Ontario’s Succession Law Reform Act  (SLRA) came into force January 1, 2022, which can remove the inheritance entitle...
Sep 2024
Article

Tax on Short Term Rentals: Sale of AirBNB Condo Rental Deemed Subject to HST

Insight into tax implications of altering property use Introduction The rapid conversion of residential properties, including houses and condominiums, into short-term rentals on platforms like Airbnb has s...
Aug 2024
Article

Disclosure Requirements when there is a Sale of an Existing Franchise/Assignment of the Franchise Agreement

When a Franchisee Sells their Franchise, is the Franchisor Obliged to Provide a Disclosure Document to the Prospective Franchisee Buyer? That depends....
Aug 2024
Article

Ontario's New Plans to Accelerate Home Building

Association of Municipalities of Ontario conference (AMO) At the recent AMO conference, Paul Calandra, Ontario's Minister of Municipal Affairs and Hou...
Aug 2024
Article

Estate sales and Executor's authority

Is probate always necessary to deal with estate properties? The court has addressed this question in the case of Kulyk v. Kulyk, 2024 ONSC 4213,  involving the estate of Nicholas Kulyk, who passed away in ...
Aug 2024
Article

Proposed changes in the reporting requirements for Bare Trusts

Bare trusts are a commonly used legal arrangement wherein the trustee holds legal ownership of assets on behalf of beneficiaries without actively mana...
Aug 2024
Article

Liability in Golf

The feeling of hitting the links with friends under the summer sun is irresistible. Despite golf being a recreational sport, it carries inherent safet...
Aug 2024
Article

Statute of Limitations in Personal Injury Claims

The Ontario Limitations Act In Ontario, the Limitations Act establishes both a basic limitation period and an ultimate limitation period for filing pe...
Aug 2024
Article

Buyer's Tips for Purchasing a Home with Solar Panels

When considering buying a home with solar panels in Ontario, it's essential to understand the implications and benefits of this eco-friendly feature. ...
Aug 2024
Article

Top Five Tips for Creating an Effective Parenting Schedule

Separating can be an extremely stressful period of time.  This can be compounded when spouses start living separately and have to make timely dec...
Aug 2024
Article

Best Interest of a Child:

Tristan Thompson’s Guardianship Application in an Ontario Family Law Context Parents generally have the legal authority and responsibility to care for their children as their guardian. However, there are situations where a non...
Aug 2024
Article

Franchisor’s Obligations on Receipt of Rescission

The Arthur Wishart Act articulates the franchisor’s obligations upon receipt of a notice of rescission, that is, within 60 days from the effecti...
Aug 2024
Article

Disclosure Requirements to an Existing Franchisee Extending the Term of their Franchise Agreement

An Existing Franchisee has Provided Notice to the Franchisor that it Wishes to Extend the Term of its Franchise Agreement, is the Franchisor Required ...
Aug 2024
Article

Can a franchisee waive its rights or the franchisor’s obligations contained in the Arthur Wishart Act?

No, pursuant to section 11 of the Arthur Wishart Act, “[a]ny purported waiver or release by a franchisee of a right given under this Act or of a...
Aug 2024
Article

Is the Arthur Wishart Act applicable to my Franchise Agreement?

The Arthur Wishart Act applies to franchise agreements entered into after July 1, 2000, if the business that is operated under the franchise agreement...
Aug 2024
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