Law


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What is an employee benefit really worth?

In early 2007, Ian Wright, a lawyer and partner at Scott, Petrie, Brander, Walters & Wright LLP, in London, Ontario approached our firm with an insightful query. Ian, an employment lawyer, believed that the way employee benefits had been valued by legal counsel across Canada over the decades was inadequate. He intuitively knew that the methodology [...]

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December 30th, 2008 | Peter Merrick | 0 comments | Continued
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Do You Need a Lawyer?

For more on estate and family law, follow this link
It’s a fact of life - sometimes you need a lawyer. And sometimes you need a lawyer without even realizing it. If you think you might be in that situation yourself, maybe we can help.
Every day at ProfessionalReferrals we get queries from visitors to [...]

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April 13th, 2005 | admin | 0 comments | Continued
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Self-Employment: Legal and Economic Consequences

In the past, the merits of self-employment were largely seen in the context of tax planning strategies. However, the loss of employment status may carry with it a change in fundamental legal and economic rights that should be carefully considered. Any individual contemplating a self-employment situation should give thought to the following consequences:

In the event [...]

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April 13th, 2005 | admin | 0 comments | Continued
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Independent Contractor Status: The Legal Test

The leading case respecting independent contractor status is Wiebe Door Services Ltd. v. M.N.R. (87 DTC 5025, F.C.A.). In that case, it was indicated that the following four tests must together be considered:
Control test
The party that determines what is done, where, when and how is the basic issue. An employer tells an employee not only [...]

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April 13th, 2005 | admin | 1 comment | Continued
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Terms of Separation Agreement no Bar to Claim under SLRA

The Ontario Superior Court of Justice has held that a waiver of spousal support in a separation agreement does not bar an application for support under the Succession Law Reform Act.

The court held that the deceased gave up his right to rely on the waiver when he permitted his former common law spouse to become [...]

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April 26th, 2004 | admin | 0 comments | Continued
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General Damages or Retiring Allowance?

Parties in a wrongful dismissal suit have an interest in the determination of any settlement as being either non-taxable “general damages” or a taxable “retiring allowance.”
Employees often wish to characterize any settlement as general damages to avoid taxes. Employers are also concerned about the classification because s. 153(1)(c) of the Income Tax Act requires them [...]

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April 26th, 2004 | admin | 0 comments | Continued
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Tax Deductibility of Legal Fees

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April 26th, 2004 | admin | 0 comments | Continued
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Solicitors’ Obligation in Determining Testator’s Capacity

Recent decisions in the courts of Ontario seem to extend the responsibility of a lawyer in determining the capacity of a client to make a Will.
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April 26th, 2004 | admin | 0 comments | Continued
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Solicitors’ Obligation in Assessing Client’s Capacity

Recent decisions in the courts of Ontario seem to extend the responsibility of a lawyer in determining the capacity of a client to make a Will.

In light of the increase in estate litigation regarding solicitors’ obligations towards testator client and beneficiaries, two recent decisions in the courts of Ontario seem to extend the responsibility of [...]

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April 19th, 2004 | admin | 0 comments | Continued
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Estate Planning and Common-Law Spouses

Common-law spouses still do not enjoy the same rights and protections under provincial family law and estates statutes accorded the legally married.
In Ontario, same-sex-partners and common-law spouses are accorded only limited rights under the Succession Law Reform Act.
If a legally married spouse dies without leaving a valid Will, his or her surviving spouse is automatically [...]

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March 17th, 2004 | admin | 3 comments | Continued