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Toronto Law Blog

Canada Not-for-profit Corporations Act Transition Deadline Reminder - the October 17, 2014 deadline quickly approaches

Federally incorporated not-for-profit corporations are required to transition to the Canada Not-for-profit Corporations Act by October 17, 2014. It will be assumed that a federally incorporated not-for-profit corporation that fails to transition by this deadline is inactive and, as such, will be dissolved.

Failure to transition could have a significant consequence for a federal not-for-profit corporation that is a registered charity - that being the revocation of its registration as a charity.

Vesting Orders in the Family Law

In Newton v. Newton, Justice Shaw considered when it was appropriate for the court to use its discretion to grant a vesting order in a Family Law context. In Newton, the court dealt with a wife who had refused to comply with multiple court orders for disclosure. She was eventually found in contempt for non-compliance and fined $1,000 payable forthwith and $50 per day for every day she failed to disclose the relevant information. 956 days passed before this matter was heard in court and by that time the wife owed $47,800 in penalties. However, regardless of the hefty fines, she had still refused to produce the relevant documents.

ODSP Payments - How do they affect Child Supoprt?

The recent Ontario family law case Senos v Karcz, 2014 ONCA 459 answered this question. Well, almost! The Court of Appeal held that receipt of Ontario Disability Support Program payments (ODSP) can, and in this case did, make the presumptive table amount under the Child Support Guidelines inappropriate. However, it did not go further and make a determination regarding what amount would be appropriate.

Thinking of Donating Your Body to Science? What You Should Know First

Estate planning often goes hand in hand with making funeral arrangements. As a result, people often ask to include a provision in their Will directing how they would like their body to be laid to rest. An important and often misunderstood reality is that your estate trustee (also known as your executor or executrix) will have the authority to determine what is to be done with your body after your death. He or she is not legally required to follow the funeral or burial instructions found in your Will or the wishes of your family. (This is yet another reason why it is important to choose one or more individuals you trust as your estate trustee(s).)

When considering how you would like your body handled after your death, you may wish to include a specific direction that your body be donated to a teaching facility - generally, a medical school - upon your death, in hopes that it will be used to educate future medical professionals. Before doing so, there are a few things you should know.

Know thy Neighbour

When acting for a purchaser of a house, a lawyer must keep in mind the need for investigating title to properties adjacent to the property being purchased. There are two main reasons for this: 1) Planning Act (Ontario) compliance; and 2) easements.

Marriage Counselling Records: Can they be Disclosed in Family Court?

The Ontario Superior Court of Justice dealt with the question of the disclosure of marriage counselling records in the recent case Raso v Di Egidio.

The parties in this case were dealing with issues regarding custody, access, child support and property. The matter had been set down for a five-day trial. Three weeks prior to trial, the wife brought a motion before the courts to compel production of notes and records made by the couple's psychologist during their past marriage counselling sessions. The wife claimed that the husband had made comments and exhibited behavior during counselling sessions which suggested that the couple would not be able to share joint custody effectively. The husband opposed the disclosure of the notes.

Litigation Privilege

In Webasto Product North America Inc. v. Shasta Equities Ltd. and Lorne Shandro, the court dealt with an issue of litigation privilege over disputed documents regarding a boat that was damaged by fire. The respondents, Shasta and Shandro, claimed litigation privilege over the disputed documents. The appellant, Webasto, filed a motion requesting production of all of the disputed documents.

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