Divorce and separation can be an emotionally challenging and complex process, but engaging in divorce mediation can help couples find a more peaceful and amicable resolution. Mediation allows couples to maintain control over their own separation and divorce, and make decisions together, with the guidance of a lawyer mediator. To ensure a successful mediation process, … Read more
Often calls are received from people inquiring about getting, or filing for, a “legal separation“. There is really no such thing in Canadian law as a legal separation. Instead, what people have heard about is actually called a “Separation Agreement”. This is a private contract dealing with all of the important issues between separating married … Read more
In recent years, upon being hired at a new workplace, it has become far more common for theemployer to require that the new employee sign an employment contract that contains a“termination” clause. This provision usually purports to limit what the employer must pay to theemployee in “severance” when he or she is fired, or terminated, … Read more
Family disputes can be challenging and emotionally charged. They can be particularly difficult when they involve sensitive matters such as divorce, child custody, and spousal support. Unfortunately, going to court is not always the best option, as it can be time-consuming, costly, and adversarial. Fortunately, there is an alternative to litigation: family mediation. Family mediation … Read more
The Best Way to Come Up With a Marriage Contract or Cohabitation Agreement What is the last thing usually on the minds of happy, loving partners when they decide to marry, or live together? Splitting up. That is, unless one or both of them have gone down that road before, and been through a nasty … Read more
The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment. When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed. Once … Read more
At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice. The exception to the rule occurs when “just cause” exists; the employer is then entitled to dismiss the employee summarily, without any … Read more
When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”. Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct. The likelihood of a boss telling you that you … Read more
The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers … Read more
A Will, also known as a “Last Will and Testament” is a written, legal document prepared and signed by a person – called a testator if male, or testatrix if female – stating what happens to their property, and who manages it, upon their death. The person managing the property is called the executor if … Read more