R.N.S. v. K.S., 2013 BCCA 406, we get an interesting glimpse into the regional differences that exist with regard to family law legislation in Canada. The R.N.S. case concerns the recognition of a foreign divorce order in British Columbia and a spouse's right to claim spousal support in British Columbia given the foreign divorce.
One of the major goals clients have when addressing their estate plan is minimizing taxes payable on death (thereby maximizing assets available for loved ones). The taxation of RRSPs can result in a significant reduction of available assets.
On January 23, 2014, the Supreme Court of Canada released the much anticipated decision ofHryniak v Mauldin, [2014 SCC 23] in which it interpreted Ontario's current summary judgment rules, as amended in 2010.
Shotgun buy-sell provisions are often found in shareholder, partnership and joint venture agreements. In the case of Western Larch Limited v. Di Poce Management Limited, the appellants appealed the decision of a motion judge sitting on the Commercial List to grant partial summary judgment in a dispute over the exercise of a buy-sell provision in a partnership agreement. This judgment of the Ontario Court of Appeal provides some background on this type of provision.
The debate over whether pension benefits ought to be deducted from damages for wrongful dismissal appears to have been addressed and settled in the recent decision of the Supreme Court of Canada inIBM Canada Limited v. Waterman.
There are many things to do when preparing to sell your home. Once you have an Agreement of Purchase and Sale signed, and a firm closing date, you should then start making arrangements with your local utility companies to have final readings taken on the day of closing, and to have final accounts sent to your new address. Most sellers also send advance notice to their home insurer to cancel their insurance as of the day of closing. This step, in my opinion, is a mistake.
Holm v Holm, 2013 ABCA 345, a recent decision of the Alberta Court of Appeal, provides a useful reminder of the process that a court will use to interpret ambiguities in a contract.
In a recent case of the Supreme Court of Canada, Cinar Corporation v Robinson, we are reminded of what constitutes copyright infringement. At the beginning of her judgment, Chief Justice McLachlin writes:
In addition to paying a monthly child support amount, a parent that does not have primary residence of a child may also be called upon to pay "s.7 expenses" or "special and extraordinary expenses". Section 7 of the Child Support Guidelines recognizes that monthly child support may not be enough to cover certain "add-ons" expenses like child care, medical expense, tutoring, extracurricular, and post-secondary costs.
Last January new rules came into force for the construction industry requiring that a WSIB clearance certificate be obtained before most construction contractors commence work. For 2013, although the rules were in place, they were not enforced. That is set to change starting January 1, 2014. The Workplace Safety and Insurance Board - WSIB - is the administrative body that oversees the Workplace Safety and Insurance Act - WSIA, along with the Occupational Health and Safety Act - OHSA. The purpose of the WSIA is said to be to promote health and safety in workplaces, to facilitate the return to work of injured workers, and to provide compensation and other benefits to injured worker or to survivors of deceased workers.