FLA Claims Cannot Be Brought After the Limitation Period…Or Can They?
Nelligan Law gratefully acknowledges the contribution of Grace Tran, Student-at-Law in writing this article. Accidents can completely change one’s life. But they can also change your loved ones’ lives. The Family Law Act, R.S.O. 1990, c. F.3 (“FLA”) acknowledges this reality at section 61. FLA s.61 allows spouses, siblings, children, grandchildren, parents, and grandparents to… Read more »
Family sues provincial government for alleged inappropriate care of inmate
Samantha Piercey died alone in her cell on May 26, 2018 while held in remand at the Newfoundland and Labrador Correctional Centre for Women in Clarenville. She was 28 years old at the time of her death and left behind two children. Samantha’s mother Lisa Piercey has searched tirelessly for answers to explain her daughter’s… Read more »
Labour decision sobering reminder about limits of federal whistleblower protection
Nelligan O’Brien Payne gratefully acknowledges the contribution of Kris Ade, Student-at-Law, in writing this blog post. In August 2019, the Federal Public Sector Labour Relations and Employment Board released its decision in the firing of an employment insurance (“EI”) fraud investigator who leaked confidential information to the media. In Therrien v Deputy Head (Department of… Read more »
Federal Court of Appeal Upholds Federal Jurisdiction of Telecon Union’s Certification Application
The Canadian Industrial Relations Board correctly found that the Union’s certification application fell under federal jurisdiction. In a recent Federal Court of Appeal decision, Telecon Inc v International Brotherhood of Electrical Workers Local Union No 213 (2019 FCA 244), Justice De Montigny held that the Canadian Industrial Relations Board (the “Board”) correctly found that it… Read more »
Ontario Court of Appeal addresses termination clauses – here we go again! Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679
The Ontario Court of Appeal has recently decided yet another case about the validity of a termination clause in a contract. The clause at issue read as follows: The company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to the Ontario Employment… Read more »
A Cautionary Tale: Plan ahead to designate the beneficiaries for your Ontario Pension
As you approach the later years of life, it is important to meet with a lawyer to have a Will drafted so you know exactly what is going to happen to your assets when you pass away. One issue that should be canvassed during this meeting is your Ontario Pension plan beneficiary designation.
What problems are you creating if you die without a Will?
Getting your Will drawn up is not always an easy process. It can require a lot of thought and consideration, consultation with multiple family members, and an appointment with a lawyer. It’s not surprising that many people don’t get around to it. A recent study found that around 74 per cent of Canadians don’t have… Read more »
Acting as an Attorney for Property – Know these top 10 tips
Far too often an individual will begin acting as an attorney for property without appreciating or fully understanding their obligations under this role. Here are some important tips to keep in mind to avoid breaching your duties as an attorney for property.
Who Can You Appoint As Your Estate Trustee?
An estate trustee is the person or one of the people that you name in your Will to take care of all of your personal belongings or your financial assets after you have died. Should you choose a professional vs lay person as estate trustee – What are the costs? Is one type of estate trustee better than another type?
Friend or Foe? Who can be appointed as your Power of Attorney?
As you plan for your future, one of the questions that you must consider is: what will happen if you don’t have a friend or relative to appoint as your Power of Attorney?