Richmond Hill Law Blog
How To Ensure Your Will Is Valid
Having a will is crucial for anyone, regardless of age or assets. A will allows you to dictate how your estate will be distributed after your death. If your children are minors or if you have other dependents, a will allows you to ensure they are properly cared for. Without a will, these things are determined by the law, which may not align with your wishes or values. There are specific requirements for making a will. It is one of [...]
Financial Statements in Family Law Matters: How is income determined and what should I consider?
Pursuant to Rule 13 of the Family Law Rules, the completion and submission of a financial statement is an imperative requirement in every family law matter. Its purpose transcends mere paperwork as it serves to ensure transparent and accurate evaluations for calculating child and spousal support, as well as fairness and equity in the realm of family law. To provide disclosure, an individual must complete a financial statement referred to in form 13 and/or 13.1. Form 13 is typically utilized [...]
The Myths and Realities of Marriage Contracts
Marriage is not only a union of hearts but also an economic partnership. Under family law in Ontario, married couples have certain legal rights and obligations towards each other. However, couples may wish to implement a private agreement as it relates to their intentions going into the marriage, prior to the start of the marriage by forming a marriage contract. A marriage contract is an agreement that sets out terms the parties agree to in regard to dealing with property [...]
How to Understand Ontario’s Limitation Periods
There are laws that limit your ability to commence a successful lawsuit for injury, loss, or damage after a certain amount of time has elapsed. These are known as limitation periods. They exist because as more time passes, the court’s ability to rule on a claim can be impeded by their ability to call experts or examine relevant evidence. Limitation periods differ based on the scenario, which is why it’s important to consult a legal team you trust as soon [...]
The Hague Convention, Explained
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty signed by over 100 countries. It was created to ensure that all children who have been wrongfully taken or retained outside their habitual country of residence are returned safely. It applies to all children under 16 who are brought to a country that is signatory to the convention without (or against) one parent’s consent. The Convention is solely concerned with whether the removal of the child [...]
Is It Really Impossible to Sue My Doctor?
There’s a common misperception in Canada that it is impossible to sue your doctor, even if you have a case. That isn’t true, however it is rooted in what is often a very difficult reality for many patients. All medical doctors in Canada are members of a co-operative called the CMPA, the Canadian Medical Protective Association. This isn’t technically an insurance agency but it does function similarly to one. Doctors pay fees which goes to a fund that is used [...]
Your Rights After a Trip & Fall
Trips and falls are one of the leading causes of accidental injury in Ontario. Under our province’s Occupier’s Liability Act, tenants and property owners have a legal responsibility to take reasonable steps to ensure their property is free of trip and fall hazards, and to ensure that any hazards left unaddressed are clearly identified. Some of the common causes of trips and falls include: Icy or wet surfaces Greasy or oily surfaces Worn or uneven surfaces Unanchored mats or rugs [...]
Professional Corporations vs. Standard Corporations
What is the difference between a professional and a standard corporation? Unlike a standard corporation, which can be formed by (almost) anyone, a professional corporation can generally only be established by licensed professionals in certain fields which include medical doctors, dentists, engineers, lawyers, accountants, and so on. In most jurisdictions, if these regulated professionals choose to incorporate, they must do so as a professional corporation. There are certain key benefits to incorporation, and they come down to liability and tax. [...]
4 Common Commercial Transactions Explained
Commercial transactions involving corporations are very common and are often implemented to increase profits or efficiency, to rapidly grow a business, for tax benefits, or to address financial trouble. Below are some of the more common forms of commercial transactions, simplified and explained: Mergers & Acquisitions A merger (or an amalgamation) generally refers to a transaction where a company acquires another company and amalgamates to form a new entity. Following a merger, both companies that existed prior to the merger [...]
New Requirement: Part XI of the Business Corporations Act (Ontario) (“OBCA”)
On January 1st, 2023, Part XI of the Business Corporations Act (Ontario) (“OBCA”), will be amended to create a new requirement for most private corporations governed by the OBCA to maintain a register of “individuals with significant control” (“ISC”) over the corporation. This new requirement in Ontario follows suit of similar amendments affecting private federal companies governed by the Canada Business Corporations Act which came into force back in 2019. Similar legislation has also been introduced or enacted in other [...]
What Is a Minute Book and Why Does Your Corporation Need One?
What Is a Minute Book and Why Does Your Corporation Need One? A minute book is a compilation of some of the most important legal documents about your company’s history. Traditionally, most of these documents were stored in a physical book (hence the name), but now many have moved to digital formats to improve security and transparency. The records typically included in a minute book are: Articles of incorporation By-laws and amendments Shareholder meeting minutes & resolutions Board of director’s [...]
What to Consider When Buying or Selling a Business in Ontario
What to Consider When Buying or Selling a Business in Ontario When buying or selling a business, there are several items to consider, both financial and legal. Two of the most common methods of acquiring a business are by way of an asset purchase or a share purchase. It’s important to understand what property you will receive with each type of agreement because it differs greatly between the two. A prospective business owner needs to conduct their due diligence with [...]
6 Steps to Set Up a New Business
6 Steps to Set Up a New Business If you’re looking to launch a new business in Ontario, there are six steps you should consider before commencing operations. 1. Determine Your Legal Business Structure Your legal structure will determine, amongst other things, your business’ tax burden, ownership structure, management, liability, and workflow. The three most common structures are as follows: Sole Proprietorship: This is the simplest form of business structure. It involves one individual who is responsible for the day-to-day [...]
How To Prevent Bicycle Accident Injuries
How to Prevent Bicycle Accident Injuries Cycling is becoming more popular both as a method of transportation and for recreation. However, cycling does come with the risk of injury. Statistics Canada has released statistics that an average of 74 deaths per year in Canada are caused by bicycle accidents, and 73% of those accidents are caused by a collision with a motor vehicle. Cycling accidents also account for an average of 3,690 hospitalizations per year across the country. If you [...]
Executor Fees In Ontario: Expenses And Compensation
Executor Fees in Ontario: Expenses and Compensation Acting as the executor of an estate can take a significant amount of time and energy. It is a serious responsibility that can expose the executor to liability. In recognition of these facts, the executor of an estate is entitled to compensation. Our Richmond Hill wills and estates lawyer may be able to help you determine the amount of executor fees to which you may be entitled. Contact us with any questions you [...]