If you die without a Will, the Succession Law Reform Act dictates how your estate will be distributed. 
 

1. If you’re legally married with no kids, your entire estate goes to your spouse. 
2. If you’re married with kids, your spouse gets the first $200,000 (“preferential share”) and the “residue” is divided between the spouse and kids.  If there is only one child, then the spouse and child share equally.  If there is more than one child, then the spouse gets 1/3rd and the children share the rest equally. 
3. If you have kids but no spouse, your estate goes to your kids in equal shares.
   
4. If you have no spouse or kids, your estate goes to your parents. 
5. If your parents have predeceased you, your estate goes to your siblings.
   
6. If your siblings have predeceased you, your estate goes to your nieces and nephews. 
7. If there are no nieces and nephews, your estate goes to your next of kin.
   
8. If there is no next of kin, your estate goes to the Ontario Government. 

Even if you want your property divided as above, it’s still a good idea to have a Will since it reduces delays, aggravation and expenses in dealing with your affairs.  Contact us today if we can help.

This is a US statistic but it's still pretty shocking and I'd expect a similar finding in Canada.

​Ministry of Labour's latest inspection blitz targeted 103 workplaces where two or more violations were discovered in the past three years. Only 28 employers were fully compliant with the law.

Full story at: https://www.thestar.com/news/gta/2017/03/15/bosses-who-broke-law-havent-learned-their-lesson-labour-ministry-blitz-finds.html

To get a divorce in Canada you first must be eligible to get a divorce.  You can apply for a divorce if:

1. You were legally married in Canada or in any other country;
2. You intend to separate permanently from your spouse or have left your spouse already, and you do not believe there is a possibility you will get back together; AND
3. You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.

There may be an exception to the residency requirement if both you and your spouse live outside Canada and you live in a country that does not recognize your Canadian marriage.

Second, you must show that your marriage has broken down.  A marriage is broken if:

1. You and your spouse have lived apart for one year and consider your marriage over;
2. Your spouse has committed adultery and you have not forgiven your spouse; OR
3. Your spouse has been physically or mentally cruel to you such that living together is intolerable.

If you are asking for a divorce because of adultery or physical or mental cruelty against you, you will have to prove what happened.

To start the divorce process, you must:

1. Fill out a divorce application.
2. Submit the application at an Ontario courthouse.
3. Pay the required court fees.
4. Follow any court rules and procedures given

Within every divorce there can be disputes involving family equalization, division of property, spousal or child support, and custody matters that need to be negotiated or adjudicated.

If you are not legally married, divorce law does not apply to you.  Instead the term used is "separation". When you separate, you and your spouse live apart and do not intend to live together again.  In these circumstances a "separation agreement" can be negotiated and arrangements regarding child custody, access and support under Ontario laws can be made.

Before starting a divorce or drafting a separation agreement, it is recommended that you seek legal advice from a lawyer who can explain how the law applies to your case and how you can protect your rights.

When faced with an employment problem many people and small business owners will turn to the Ministry of Labour to obtain information and advice about their rights and how to enforce those rights; usually because the information the Ministry will provide is free.  While the Ministry of Labour provides this very useful and necessary service, it's extremely important that individuals and business owners are aware that the Ministry is only providing advice under the Employment Standards Act (ESA).  The ESA is minimum legislation with respect to employee/employer obligations and quite often people are surprised to learn that this is often trumped by the Common Law (judge made law).  For example, the amount of notice an employer is required to provide under the Common Law can be significantly more than under the ESA.  Under the ESA, a 10-year employee who is terminated without cause would be eligible for 8 weeks pay in lieu of notice under the ESA, however, that same employee could be entitled to as much as 40 weeks pay in lieu of notice under the common law.  I think most people would agree that 32 weeks of extra pay is a significant difference.  There can also be issues of discrimination or constructive dismissal that could be happening within your employment that a Ministry representative would not be equipped to consider.

Whether you're an employee that is being offered a new job or is being terminated, or you're an employer who is hiring or terminating an employee, it's a good idea to meet with a Employment Lawyer to ensure that you understand your rights and how to enforce them.  A small fee today for the right advice can save significant costs or losses in the future.   Contact me today if I can help.

How many times have you and your spouse talked about getting your wills done?  If you’re like my wife and I, probably since you had kids.  It’s easy to put this “to do” aside when there’s so many other things going on in our lives and so many other costs that keep popping up, but a will really is an important document that everyone should have.

Unexpected things like car accidents and sickness happen every day.  Without a legal will your loved ones may need to figure out what you would have wanted, or worse, the law and courts in the province where you live can decide how your assets will be divided and what will happen to your children.  With today’s blended families, not having a will can result in unintended consequences in terms of the division of your assets.

It’s important to have a qualified lawyer draft your will.  When you draft a will yourself or use an online will kit there is a greater risk that it could be challenged.  It may not be valid or accurately reflect your wishes.  A lawyer will help you identify various issues to be considered and discuss the process of how your will be administered and the responsibilities of your executor.  A lawyer can also ensure that Powers of Attorney for Property and Personal Care, as well as Living Wills, are properly drafted and accurately express your wishes.

If you already have a will it’s a good idea to review it to ensure it still reflects your intentions.  If your circumstances have changed somehow since you initially drafted your will, then you should meet with a lawyer to discuss whether your will is still valid and accurate.

​I’d be happy to speak with anyone who’s been thinking about doing a new will, or reviewing their old will to ensure it’s still valid and accurate.  Contact me for a no obligation quote at dale@lediardlaw.com or 705-526-9328.