Canada Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Canada

Canada - Trial by Judge or Machine? What Will the Supreme Court Decide in R. v. Anic St- Onge Lamoureux?

Man Against Machine: What Will the Supreme Court Decide in R. v. Anic St- Onge Lamoureux? The Supreme Court will shortly be giving its decision...
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Our Youth Criminal Justice System: A Primer - Canada

The most recent version of the Criminal law that applies to youth in Canada, the Youth Criminal Justice Act (YCJA), took effect in April 2003....

The Matrimonial Home - Canada

Pursuant to s. 19(1) of the Ontario Family Law Act both spouses (married not common law spouses) have an equal right to possession of the...

Cross Border Issues - Israel and Canada

For parties with assets and or beneficiaries in multiple jurisdictions it is imperative to ensure a proper estate plan is in place. Unless...

How to Make In-Trial Objections Less Objectionable

Persuasive advocacy involves juggling many balls at the same time. Counsel must develop a plausible theory of the case. S/he must consider what...

No More Business Complications Now

Corporate law attorneys are required in a number of aspects of a business and business affairs. Legal orders may sometimes require you to...

Be Cautious Before Entering Canadian Franchisee Market!

Canada is the foremost foreign destination for expanding franchises and a preferred entry point for cross border franchisers, especially for...

End of Life Decisions in Ontario, Canada – Do Doctors Have the Right to Decide?

As Shia Muslims, Mr. Rasouli’s family believed that as long as a person was alive everything should be done to prevent death. Accordingly, they...

Is Disinheritence because of Sexual Orientation Legal in Canada

In Canada, the law balances the idea of testamentary independence against public policy concerns. Two British Columbia courts have ruled that in...

Drinking and Boating Part 1: Yo Ho Ho and a Conviction for Impaired - Canada

Drink And The Devil Had Done for The Rest Yo Ho Ho And A Bottle of Rum. Boating season is upon is. For some, this is also the start of gin and...

Unjust Enrichment, Equity and your Mother-in-Law

Mary, her husband Franco and their children lived on a farm owned by Mary’s mother in law. Franco died & his mother sold the farm & gave Mary...

Can I Be Convicted of Impaired Boating for Lying on My Inflatable Duck in My Pool, Drunk?

The short answer is "no" but you should not do this as your could drown! You could not be convicted of impaired operation of a vessel in these...

Bail - Canada

When a person gets arrested and charged with a criminal offense he has to be either released or held pending the court dealing with the charges....

Are Promises Legally Enforceable in Canada?

Sometimes Canadian courts will use equitable remedies, like proprietary estoppel, to address a situation where the application of strict legal...

Brands as Google Advertising Keywords

Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.

Consequences of an Ontario Attorney for Property Who Fails to Keep Proper Accounts

Under the the common law and Ontario statute and regulations the attorney for property has a absolute strict duty keep accounts of all...

Patient's Right to Consent To Treatment in Ontario - Canada

Moe Maraachli and Sana Nader's recent dispute with a hospital over the fate of their terminally ill child highlights a debate over end of life...

Asset Protection for the More Modest Estate

The author explains how to protect a medium sized estate from bankruptcy without going to the expense of establishing an offshore trust.

DNA Testing and Estate Litigation - Canada

DNA testing is growing in importance in Ontario estate litigation cases. In his analysis of Proulx v. Kelly the author describes how the...

Why Should I Have to Go to Ontario to Be Deposed?

This article addresses a situation where Americans involved in Ontario law suits may have to travel to Canada to be deposed. Ontario's...

Are Ex Employees Allowed to Set Up a Competing Business? Canada

The author reviews the factors taken into account when Canadian courts decide if a non compete restrictive covenant is valid. Canadian courts...

Personal Liability of Directors & Shareholders in Ontario, Canada

In Ontario, businesses are incorporated for many reasons including shielding its shareholders from personal liabilities. The Ontario Business...

The Doctrine of "Clean Hands" & Equitable Remedies in Canada

In Ontario, the courts differentiate between equitable and legal remedies. A litigant may obtain an equitable remedy at the court's discretion...

Canadian Litigants Battle over Scope of Arbitration Clauses

In Canadian courts, arbitration agreements are broadly interpreted and if a dispute could arguably fall within the scope of an arbitration...

Why Have an Agreement? - Canada

We have all heard of the saying “he says-she says”. Absent an agreement, the “he says-she says” can become a problem, especially for the...

Houses for Children: Protection for Parent - Canada

Protecting your property is an important thing. How do you do it? Why do you do it?

Suing an Ontario Defendant & Security for Costs

Ontario courts order security for costs to protect local defendants from foreign litigants who launch frivolous or vexatious claims and do not...

Are Adult Children Legally Entitled to Inheritance in Canada?

In British Columbia disinherited adult children have a strong claim against a parent's estate based on their moral entitlement to an...

Who Gets the Engagement Ring? - Canada

In Ontario section 33 of the Marriage Act suggests that the person who breaks up an engagement is irrelevant to a court's determination about...

When Are Mutual Will Agreements Enforceable? - Canada

The recent decision of the Supreme Court of British Columbia in Brewster v. Lenzi, considers the enforceability of mutual will agreements and...

Tips on Making Gifts of Property in a Will - Canada

There are different ways of disposing of personal effects in a will, one of which is making specific gifts to named beneficiaries. Sometimes...

Second Marriages and Protecting Your Children - Canada

The author reviews Ontario’s laws of inheritance in the context of second marriages. He addresses the risk to implementing a person's...

Canada: an Attractive Jurisdiction for High Net Worth Indiduals?

The author looks at the advantages of immigration to Canada.

Conclusions from Urological Medical Malpractice Studies - Canada

An analysis and report of the findings of retrospective academic studies of medical malpractice claims in urology with a focus on the...

In Ontario a Mistress May Have a Claim on the Inheritance - Canada

In Ontario Canada there is a current of cases in the Family Law and Estate Litigation context that suggest that a mistress may be considered a...

Rectification - A Legal Option When Ontario Lawyers Make Mistakes in Drafting Wills

In Ontario there has been a number of court cases recently dealing with mistakes in the drafting of wills. The equitable remedy sought by...

Case Study of the Limitation Period Defense in an Ontario Action

In this case report we examine the effect of actual knowledge of a claim, the existence of a medical expert opinion report and the exercise of...

Disinheriting Children who Marry Outside the Faith - Canada

The author compares courts' views of Public Policy in Illinois and the Province of Ontario with respect to testamentary documents disinherting...

Scams on the Internet

There are people who pretend to be lawyers and use the Internet to scam the naive and inexperienced. Others pretend to be clients and use...

Money Missing in Canada? Powers of Attorney, Executors and Adverse Inferences

In Ontario, Canada an adverse inference may be drawn if the trustee/ power of attorney/ executor fails to retain receipts supporting substantial...

NFP's Can't Even Give It Away - Canada

The first and likely most recurring situation is a return of member's dues. In theory, there is nothing wrong with the organization returning...

Tax Wars: the Client Strikes Back - Canada

This case serves as a warning to any advisors that receive commissions paid by promoters to avoid potentially conflicting situations regardless...

Not for Profit Bankruptcy Case Shows the Law in the Area is Clear as Mud - Canada

We are periodically faced with the unfortunate situation when a charity or not for profit is forced into bankruptcy or receivership....

The Taxman Cometh - Canada

The advent of the HST system in Ontario has been treated with a distinct lack of enthusiasm by charities. On the one hand, as the HST system is...

Good News on Land Transfer Tax - Canada

Homeowners in most provinces know that the land transfer tax due on purchase of the home can be the straw that breaks the camel's back as far as...

Ghost of Disbursement Quotas Past - Canada

For the second time in six years the Federal government is changing the disbursement quota calculation for charities. Originally instituted in...

A New Area of Liability for Directors of Charities - Canada

In 1999, Parliament amended the Income Tax Act (the "Act") to create what are commonly called Third Party Civil Penalties. The provisions, which...

2009: an Interesting Year for Ontario Charities

The first interesting change is the abolishment of the PST and the adoption of the HST. While the official government announcement indicated...

Economic Situation has a Magnified Affect on Charities - Canada

The first and most obvious way is that charities dedicated to relieving poverty obviously have greater restraints put upon them in times when...

Insuring' the Financial Success of Charities - Canada

It is important for charities to be flexible in their thinking when raising funds. In this way, charities may be able to amass donations of...



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