Tarion is a not-for-profit consumer protection organization established by the Ontariogovernment to administer the province’s new home warranty program. Its role is to ensure thatbuyers of new homes receive the coverage they are entitled to under their builder’s warranty.Tarion has published a number of resources, tools and guides published on...
Read MoreHow is Child Support Calculated?
Child Support is governed by the Child Support Guidelines which set out a Support Table forOntario. The Support Table shows the basic monthly amounts of child support to coverexpenses like clothes, food, and school supplies. The basic amount is also called the tableamount.The table amount is based on the gross...
Read MoreDetermining Reasonable Notice
Contrary to common opinion and belief, the courts have shifted their determinations of a dismissed employee’s entitlement to reasonable notice of dismissal from a “rule of thumb” to a calculated approach. Today, the former one month per year of service “rule of thumb” has been replaced by the decision in Bardal v....
Read MoreSuccess at the Ontario Court of Appeal
On April 18, 2023, Lockyer + Hein LLP’s Litigation Partner, J. David Keith was wholly successful at the Ontario Court of Appeal on a decision involving the test for summary judgment in accordance with Rule 20 of the Rules of Civil Procedure. The Ontario Court of Appeal’s decision applied the...
Read MoreBill 245: Five Things to Consider in Your Estate Planning
Bill 245, known as the Accelerating Access to Justice Act, received Royal Assent on April 19, 2021. Schedule 9 of Bill 245 made various amendments to the Succession Law Reform Act (SLRA), which impacts individual rights and entitlements under a Will and on an intestacy. Most of the changes came...
Read MoreCorporate Compliance under the new Underused Housing Tax Act (Canada)
Effective this year, the Government of Canada has introduced the Underused Housing Tax Act (Canada) (the “UHTA”). The affected owners of residential properties in Canada are required to file annual returns and pay underused housing tax. The following categories of corporations that are owners of residential property in Canada in any...
Read MoreFailing to Obey a Family Law Court Order
You may run into an issue where one party fails to obey an order. It is important to know what recourse you have in this situation. Pursuant to Sub-rule 8(1) of the Family Law Rules, if a person fails to obey a court order, the court may deal with the failure by...
Read MoreDoes retirement end spousal support obligation?
In Boston v. Boston, Justice Major noted that in the Supreme Court of Canada the purpose of spousal support is to relieve economic hardship suffered by one party following the breakdown of the marriage and that there is no reason spousal support cannot continue past the date of retirement. However,...
Read MoreNot So Fast: Why Some Judges May Refuse to Grant a Divorce
The end of a relationship is very difficult. There are many issues to work through and many decisions to make. Given the range of emotions involved, many separated spouses find it difficult to deal with legal issues and often ask to proceed with divorce as quickly as possible. Canada has...
Read MoreTitle Insurance in Residential Real Estate
I purchased my home 15 years ago. Do I have title insurance and if so, do I need to update it? With the recent uptick in media coverage regarding fraudulent transfers of title and mortgage fraud, our firm has fielded a number of inquiries regarding the efficacy and necessity of...
Read MoreSay What: The Online Defamation Age and Rise of Social Media
With the meteoric rise of TikTok, Instagram, Twitch and other online platforms, defamation and issues that arise from online posts is at an all-time high. According to the Supreme Court of Canada in Grant v. Torstar Corp.,2009 SCC 61, a plaintiff (the person defamed) must satisfy three elements: When all three...
Read MoreTake Off: Injuries at an Airport or on an Aircraft
Have you been injured at an airport while on board an aircraft, or while embarking or disembarking? It’s not as uncommon as you think. In fact, the Carraige by Air Act and Montreal Convention address these specific situations. According to the Montreal Convention, the carrier (or airline) is liable for...
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