Do appellants in Canadian appeal courts get the last word? Increasingly, the answer appears to be no. Reply factums—short written submissions filed after responding factums—have always occupied an uneasy place in appellate procedure. They’re not a right. They’re discretionary. And recent…
When buying a home, many homeowners opt for co-ownership of the property. Some people assume that if they pass away, their estate will automatically inherit the property. However, this hinges on the type of co-ownership arrangement they choose. To prevent…
There have been numerous instances where employees have engaged in fraudulent or rogue behavior while acting within the course or scope of their employment. Examples include employees embezzling funds from client accounts and fleeing the country, or stealing sensitive client…
As people age, it is extremely common for individuals to appoint one or more Powers of Attorney (POA). Although people frequently use the term “Power of Attorney” to describe certain individuals, it actually refers to a legal document. This document…
Judges, like all professionals, are not immune from making mistakes. In Ontario, a party challenging a trial judge’s decision may appeal on the grounds of legal errors, factual errors, or procedural issues. However, navigating the appeals process can be complex,…
Buying a property is an exciting milestone for many individuals. Aspiring homeowners strive to purchase a flawless property to avoid potential real estate litigation, assuming sellers must disclose defects in the sale and purchase agreement. However, this is not always…
Zoning laws restrict landowners or property owners in how they can use or develop their land or building. For example, most municipalities prohibit building residential homes near industrial parks or power plants. Many cities also have zoning bylaws that limit…
Residential properties, whether new or old, can have various defects arising from poor materials, workmanship, or wear and tear over time. Depending on the type and visibility of a defect, either the purchaser or the seller can be liable. The…
When purchasing a property, buyers often focus on visible aspects and immediate concerns. However, some issues may lurk beneath the surface, only revealing themselves months or even years after the transaction. These hidden problems, known as latent defects, can lead…
Due to recent developments in the courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to Covid-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to…
Many employers include a probationary period in the employment contracts they offer to prospective employees. Generally, the probationary period is 3 months, but there is no limit to the maximum length a probationary period may be. the purpose of…
Long-term disability insurance, also commonly known LTD insurance, refers to a type of coverage that will pay benefits to compensate for a portion of your income in the event that you become unable to work due to a medical condition.…
You may have come across the terms “own occupation” and “any occupation” if you have been considering LTD coverage, or if you are already receiving long-term disability benefits. LTD policies generally cover part of your income when you suffer from…
All long term disability (LTD) insurance policies include language indicating how much the insured will receive in benefits if he or she becomes unable to work due to a medical condition. Normally, this amount will be a percentage of the…
The Ontario Rules of Civil Procedure (the “Rules“) is thick and voluminous. The better one knows the Rules, the better one will be at advancing or defending a civil proceeding. The more lawyers or lay people work with the Rules,…
LTD insurance claim denied due to misrepresentation Where the insurance provider takes the position that the policy holder misrepresented a fact, or lied, during the application process and there was a subsequent approval of LTD insurance, the insurer will deny…
All long-term disability (LTD) insurance policies indicate how much the insured will receive in the event that he or she becomes unable to work due to a medical condition. However, most policies will also include a statement regarding what kind…
The term “total disability” is generally found in most long-term disability (LTD) insurance policies. When applying for LTD benefits, this term represents the first, of potentially many hurdles, that applicants must get over before being deemed eligible. In order to…
All long-term disability (LTD) insurance policies indicate the amount of benefits that the policy holder will be entitled to upon becoming unable to work due to a medical condition. This benefit amount will generally be a percentage of the person’s…
The concept of “alternate employment” becomes relevant in the LTD insurance context once the insured makes the transition, based on his or her policy, from being unable to engage in his or her “own occupation” to whether they are unable…