31 Jul The Challenges of Will Challenges
I frequently speak with potential will challengers, usually someone who has been omitted from the will, or received much less than other beneficiaries of the same relation to the deceased,...
Law Articles
31 Jul Who Gets The Dog? Navigating Emotional Bonds and Legal Boundaries
In our homes, pets are often viewed as family members, rather than as assets or objects to be divided. In Ontario, however, the issue of pet custody is treated differently...
11 Dec To Vaccinate or Not to Vaccinate: Which Parent Decides?
There has been considerable encouraging news regarding the imminent release of effective COVID-19 vaccines. While this is undoubtedly news we have all been waiting to hear, for some separated...
17 Nov Kids, classes and COVID: Case law regarding parental conflict over school attendance during pandemic
Many separated and divorced parents have faced wrenching decisions about their children’s schooling this fall, due to the COVID-19 pandemic....
05 Jul Statutory Layoffs, Constructive Dismissal and Covid-19
The Covid-19 pandemic has proven just how adaptive and resilient we are as a society. In the face of this crisis, we have embraced drastic changes to how we live,...
01 May Ford Government: Ontario’s 13-Week Layoff Limit Eliminated During COVID Emergency
The Ford Government has made a crucial, temporary change to Ontario's Employment Standards Act (ESA) that will impact countless employers and employees in the Province....
08 Apr Virtual Witnessing of Wills and Powers of Attorney Comes to Ontario During Covid-19. What Will Come Next?
Last week, we brought you news about an urgent Court session that would be taking place in Ontario to address the question of whether a Wills and Powers of Attorney can be...
03 Apr Is the “Zoom Last Will” Coming to Ontario?
The Superior Court in Ontario has agreed to hear an urgent case that addresses what has become a critical issue during the Covid-19 pandemic: can a Last Will be validly...
23 Mar Coronavirus and Your Workplace: Thoughts for Employers from an Ontario Employment Lawyer
With words like “pandemic” and “state of emergency” being used to describe the novel coronavirus, it is understandable to feel a bit overwhelmed....
23 Mar Gender Issues Relating to Children: California intersex surgery bill fails
The term intersex refers to persons born with genitalia, chromosomes or reproductive organs that do not conform to a single gender. Far from unusual phenomenon, it is estimated that almost...
27 Sep Henson Trusts: The Supreme Court of Canada Saves an Important Estate Planning Tool for Canadians with Disabilities
Henson trusts for persons with disabilities have long been an important way for Canadian families to provide for children or adults with physical challenges....
22 Mar Wise Law Roundtable – Stop and Drop the StopSOP Slate of Bencher Candidates
Every Ontario lawyer and paralegal is required to create and abide by a Statement of Principles that acknowledges an obligation to promote equality, diversity and inclusion generally, and in behaviour...
15 Mar Wise Law Roundtable: Forced Retirement, Age Discrimination and Wrongful Dismissal
With mandatory retirement no longer legal in Ontario, older employees are gaining stronger protections. Employers must tread carefully—forced retirements can lead to significant wrongful dismissal claims....
14 Nov What Happens When an Estate Doesn’t Provide Adequate Support for a Dependant?
Many people are familiar with the obligations to provide support for a spouse and for children that can arise when two people separate. There is a fairly equal, but perhaps...
16 Jun Paul Adam and Wise Law Office Featured on Lawyer’s Daily
Last week, an interesting Ontario Court of Appeal case that I recently argued, Floward Enterprises v Winberg Estate 2017 ONCA 448, was featured on Lawyer's Daily. The full article is...
22 Feb Wrongful Dismissal and Ontario’s Employment Law Framework
Under Ontario law an employee terminated without just cause must receive either reasonable notice or pay in lieu. While the Employment Standards Act sets a statutory minimum—such as termination notice...
02 Feb Using Estimated Values of Estate Assets to Begin Estate Administration
A common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is...
31 Jan Employee or Contractor? Apply the Duck Test…
Ontario courts look at the true nature of a work relationship—not just what the contract says. If a worker behaves like an employee (e.g. under direction, using company tools, with...
26 Jan The Executor’s Roadmap – Death and the Funeral
This series of articles will cover the many stages that an executor (now also known as an "Estate Trustee") must pass through in managing the affairs of a deceased- from...
20 Jan Trustee Compensation: Small Numbers That Add Up
Some might feel that being an Estate Trustee is an utterly thankless job. I'm here today to tell you that isn't totally accurate. Trustees are entitled to a small 'thank you' in...