When someone files for bankruptcy, they surrender all non-exempt assets to the licensed insolvency trustee for the benefit of their creditors. This includes not only assets they have at the time they file for bankruptcy, but also comprises of any assets that “devolve” on the bankrupt prior to … [Read more...]
People Always Told Me, Be Careful What You Do: Wills and Dependency Legislation
It is the kind of tragic story that makes for best-selling novels and Hollywood blockbusters. A young woman, raised in a loving home by two hard-working parents, battles a severe and debilitating disease. Left penniless and alone when her parents pass, she struggles to make ends meet as her body … [Read more...]
Setting Up Wills and Trusts
Not all families are the same. That is why not all wills should be the same. The law provides us with tremendous flexibility in deciding how to leave our estates to our loved ones. In order to understand some of the choices you should consider, it is essential to understand the difference between … [Read more...]
“Have You Heard the One About The Canadian Who Died Without a Will?”
It is hard to overstate the advantages of having a good will. So, why don't more of us embrace "will power," even when we know story after story of families, business partners, and advisors having to clean up the mess when a person dies "intestate" (without a will)? In a lighthearted twist on a … [Read more...]
Bad Behaviour 2.0: Part 1: Employees Getting Away With . . .
We scoured the judicial and arbitral decisions and found ten more random instances of egregious employee behaviour that Canadian courts and arbitrators excused. Since the judge or arbitrator found that the employers had no legal basis to find these employees, employers were hit with damages for … [Read more...]
A Renewed Senate That Works for Canadians
Had you been standing in the foyer of Canada’s Senate on June 22nd 2017, you’d have been forgiven for thinking that a constitutional crisis was about to engulf our nation’s Parliament. While the national media waited outside the chamber with cameras, microphones and hot television lights in tow, … [Read more...]
Viewpoint 42-1: Scoring NAFTA: The United States Trounces Canada in Investor-State Disputes
“NAFTA is the worst trade deal maybe ever signed anywhere, but certainly ever signed in this country” (September 26, 2016) “Because NAFTA . . . is perhaps the greatest disaster trade deal in the history of the world. Not in this country. It stripped us of manufacturing jobs. We lost our jobs. … [Read more...]
BenchPress – Vol 42-1
Bribery Law in Canada is No Joking Matter The Ontario Court of Appeal (ONCA) has shown that the bribery laws in Canada are nothing to scoff at. The ONCA upheld the trial decision convicting Nazir Karigar for agreeing to bribe a foreign official contrary to the Corruption of Foreign Public … [Read more...]
Leonardo Padura, The Man Who Loved Dogs
Leonardo Padura is a Cuban novelist, known first and foremost as one of the most exciting crime novelists of our time. In The Man Who Loved Dogs, Padura presents us with an epic, Tolstoyan novel that mostly succeeds in the ambitious goals he has set for the work. This year marks the 100th … [Read more...]
Reminder: Beyond A Reasonable Doubt is a Pillar of our Justice System
In the post-Ghomeshi trial hoopla, many seem to question the integrity of Canada’s criminal justice system. Hashtags, slogans, movements and even possibly legislation have been the ripple effects of an ever increasing angry public after Jian Ghomeshi was acquitted of his charges. Much to some of the … [Read more...]
