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Most families will experience some level of drama or conflict after the death of a family member. However, for some families, the death of a parent, sibling, or other close family member, can spark a dispute that results in expensive, protracted litigation and causes the breakdown of family relationships.
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Alternate dispute resolution ("ADR") has been on the rise as one of the primary ways to bring a dispute to resolution. Rather than spending significant time and money to litigate a case, the recent trend sees the increased use of ADR processes, such as mediation or arbitration, in the negotiation of a settlement outside of the courtroom.
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While law societies and bar associations across the country address the issue though awareness, education, and workshops, comparatively little has been done to examine and address how the current structure of legal services can contribute to burnout. Could we innovate less stressful careers?
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According to a recent study, fully one-third of Canadians will experience a legal problem within any given three-year period. This includes divorcing parents needing child support, small business owners trying to make a living, homeowners facing unscrupulous contractors, hard-working Canadians in conflict with their employers.
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Marineland has launched lawsuits targeting myself, former orca trainer Christine Santos and animal care supervisor Jim Hammond. My latest round of legal bills totaled more than I will earn in this year -- $100,000. Our lawsuits are shining examples of the urgent need for the anti-SLAPP legislation that is Bill 52: Protection of Public Participation Act. It is unbearable to think that this historic piece of legislation -- as it is currently written -- will not apply to the very people who have largely inspired it. Why is the province turning its back on us and leaving us behind? Where is the procedural fairness for those of us who are already proceeding with unfair cases before the courts in Ontario?
Every time I tried to communicate with the father of my child, he turned it into an argument, chastised me, tried to humiliate me, or walked away. I felt helpless trying to have a decent and cordial conversation regarding the needs of our child with him.
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Bringing and defending will challenges is at the core of an estate litigation practice. As discussed in Part I of this series, will challenges are often founded upon a lack of testamentary capacity at...
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With an aging Canadian population, will challenges are becoming increasingly common. Historically, we typically saw larger estates becoming the subject of such challenges. More and more, however, we are now seeing even modest estates becoming the subject of such challenges.
An advisable way to approach extracting issues of capacity with an elderly individual is through delicate conversation. It is important to avoid offending clients who may be uncomfortable, but it can be crucial to proper estate planning. Sometimes, apparent symptoms of incapacity can in fact result from cultural differences between client and lawyer.
Marriage is on the decline in Canada and that cohabitation is on the rise. In 1961, less than 1 per cent of families lived in a cohabitation structure; now almost 20 per cent of families are spearheaded by common-law couples. Here are three things to consider before you shack up.
At various times, Rob Ford has revealed an alarming capacity for lack of candour and an inability to listen to the advice of those closest to him. There is no indication that these sorts of behaviours would be any different with a lawyer. I would not take Mayor Ford on as a client. But then again, he is unlikely to ask me.
This weekend a piece of Ontario history burned to the ground with the overnight loss of the St. Jacob's farmer's market. Ironically, my husband and I had just been there the afternoon before and it ha...
I asked myself if I believed that suddenly becoming a widow with a twelve-and-a-half year old daughter, going through hell, coming out the other side of it upright, and subsequently remarrying was a story in itself. It was. Then I had to ask myself the really tough questions.
I'm all for uniqueness when it comes to naming a child. After all, no one wants to give their child a name that will be shared by three or more kids in their grade school classroom. That being said, parents still need to consider certain parameters when making a decision that will affect their child for many years to come. Case in point: the poor child incredulously named "Adolph Hitler Campbell."
Recently a 97-year-old New York man left his $40 million fortune to....no one. People need to encourage their friends and family to start sharing their wishes and their wants...to make it an acceptable discussion topic.
When most people hear that someone has been "disinherited," they usually think of someone who has been written out of someone else's will. While this certainly is the classic definition of disinheritance, it is not the only way that a person can be excluded from an estate.
LexisNexis and Microsoft have teamed up to offer a new solution called Quicklaw for Microsoft Office. They say it is designed to simplify legal research and ultimately save time for lawyers. I took it for a test drive to see if it's all they say it is.
When interests between management and shareholders become adverse, even through the regular course of events, it is important for boards to have their own set of lawyers who are independent from management and seen as objective and willing to act in the interests of directors, not management, and ultimately shareholders.
Though incidences of Taser-related deaths have fallen out of the spotlight of late, a new study links the devices with death. If death is a possible consequence of Taser use, particularly when it comes to individuals who may have mental health or drug abuse issues, shouldn't that suggest much more cautious use of these devices?