Estates errors: Common will drafting mistakes part 2

David Mills has seen his fair share of badly drafted wills. David says the legal profession’s fondness for one of the world’s historical languages often causes problems for testators and their beneficiaries. Mills says two Latin phrases: per stirpes and per capita; frequently appear in wills but their use can trip up both lawyers and non-lawyers alike. Read about why…

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Court’s gatekeeper role in estates cases curbed by decision

In a 2017 decision, the Ontario Superior Court suggested a shift was needed to cut the number of generic consent orders for disclosure that were consigning “parties to lengthy, intrusive, expensive documentary collection and investigation proceedings.” The decision prompted some to believe that judges would play a more active gatekeeping role by applying an evidentiary threshold…

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Employers Take Note: New Obligations regarding Violence and Harassment Policies in the Workplace

The Ontario government recently introduced Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (the “Bill”). Among the many changes, the Bill builds on the Occupational Health and Safety Act (“OHSA”), focusing on Ontario employers’ duties to implement harassment policies and programs. Expanded Definition of…

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Plenty of Fines? Another cautionary tale of non-compliance with CASL

Failing to follow Canada’s relatively new anti-spam legislation may cost you. In 2014 new anti-spam legislation came into effect. This law requires businesses to get explicit consent from users before sending them an email – implied consent is not enough. According to the Canadian Radio-television and Telecommunications Commission (CRTC), if a customer provides an email…

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