Thursday, April 28, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Thursday April 28, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

Do employees have different severance entitlements under the Employment Standards Act and in wrongful dismissal cases that are decided in Court?

Ontario’s Employment Standards Act provides only for employees’ minimum notice and severance entitlements.  Common law entitlements can be as much as one month for each year of service, or even more in exceptional circumstances. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, April 27, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Wednesday April 27, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on

Civil lawsuits in Ontario’s Superior Court are commenced by issuing a document known as a Statement of Claim. A Defendant who is served in Ontario must file a Statement of Defence within 20 days of service.


If a Defendant is served elsewhere in Canada or the US, a Statement of Defence must be filed within 40 days of service.  If a Defendant is served outside Canada or the US, the Statement of Defence must be filed within 60 days of service. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, April 26, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Tuesday April 26th, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

If a deceased person owed support to a spouse or child under the Family Law Act, they may also be entitled to dependent's relief from the deceased's estate under the Succession Law Reform Act.

If the deceased's will doesn't provide for these obligations, the dependent can apply in court to receive the support they are owed.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, April 25, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Monday April 25, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

The Spousal Support Advisory Guidelines (SSAG) assist Ontario Courts in determining the amount of spousal support payable by a spouse.  Unlike the child support guidelines, the SSAG’s are not binding upon the Courts.


Ontario’s Courts, however, are required to consider the SSAG’s and to provide reasons for any decision that does not follow them. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of April 25, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Rachel Spence, Law Clerk & Office Manager

Visit our Toronto Law Office website: www.wiselaw.net

Friday, April 22, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Friday April 22, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

If your employment agreement prohibits you from competing with your employer or soliciting its customers after you leave, those restrictions may not be enforceable.

Non-competition agreements are generally unenforceable against Ontario employees. Many non-solicitation agreements may also be unenforceable.  Seek legal advice if you have signed such an agreement.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, April 21, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday April 21, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on

Ontario's Small Claims have jurisdiction to award damages of up to $25,000in lawsuits brought before the court.

In 20112-13, almost 43% of all new civil proceedings in Ontario were commenced in the Province's Cmall Claims Court.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, April 20, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Wednesday April 20, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

An estate trustee is entitled to be paid for the work they do on behalf of the estate.

The compensation is 2.5% of each transaction in and of of the estate, and 0.4% of the average value of the estate for each year they act as trustee.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, April 19, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday April 19, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

Marriage contracts, also known as pre-nuptial agreements, enable spouses to privately determine how issues relating to their property and support will be resolved if they separate in the future. 


To ensure the enforceability of a marriage contract, both parties must make full financial disclosure to each other, receive independent legal advice and execute the agreement freely, voluntarily.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, April 18, 2016

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Monday April 18, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

It is very difficult for employers to prove “just cause” for termination, unless there is evidence of gross or wilful misconduct, like theft, fraud, or intentional dereliction of duties.

To establish cause” for termination because of performance concerns, employers must typically provide several written warnings as well as adequate opportunity for the employee to improve job performance. 
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of April 18, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Rachel Spence, Law Clerk & Office Manager

Visit our Toronto Law Office website: www.wiselaw.net

Friday, April 15, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday April 15, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

A Last Will can leave instructions for who will have custody of the deceased's children,

These custody appointments are valid for 90 days. After that, a court must make a permanent appointment.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, April 14, 2016

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Thursday April 14, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on

In many Ontario Civil Cases, a full trial is no longer required for a court to rule.

Courts may now decide lawsuits on summary judgment motions that streamline and shorten the process.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, April 13, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday April 13, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on

Many couples live separate and apart “under one roof,” following marital separation, and do not immediately physically separate by changing residency.


Legal advice should be obtained as to whether a separation has occurred that would be recognized under Ontario law.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, April 12, 2016

LawFact of the Day: Employment Law

Here is you daily LawFact from Wise Law for Tuesday April 12, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

Ontario employees are prohibited from discrimination and harassment against any employee.

Employers may not discriminate on the basis of race, religion, colour, citizenship, creed, gender, disability, sexual orientation, gender identity or expression, age, record of offences, martial status or family status.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Monday, April 11, 2016

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Monday April 11, 2016. Today we are talking about Wills and Estates.

A video posted by @wiselaw on

Life insurance policies that designate a beneficiary become that beneficiary's property on the day the insured dies.

They don't become part of the insured's estate and they aren't subject to estate tax.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

140 Law - Legal Headlines for the Week of April 11, 2016

Here are the leading legal headlines from Wise Law on Twitter:
- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Thursday, April 07, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday April 7, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on


Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.

Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”


- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, April 06, 2016

Up All Night

If you follow us on Twitter, you may have noticed that our office recently had the opportunity to both attend and support the Up All Night event, held at Centennial College. 



The purpose? For the community to come together for one night to focus on building solidarity around mental health awareness and supporting those who suffer from mental health issues. The event asked guests to stay "up all night" as night time is generally the hardest for anyone suffering. 

Our office felt compelled to be a part of such an important cause as we see first hand how mental health issues impact every sector of law we practice within, most notably, employment law. 

Paul Adam of our office recently tweeted:




A fact that wouldn't shock most, but should.

The panel talk was positively administered and cultivated an environment that was both informative and accepting so that attendees felt comfortable discussing the issues at hand. All panel members were knowledgeable and ranged from those who have experienced loss due to mental illness, who are leaders in the community, in human resources, taught and were students who had experienced issues first hand. There were even a few brave audience members who spoke out about their own experiences. Notably, how their lives were unquestionably altered for the better, having employers that both accepted mental health issues existed and assisted employees who were suffering from them via counselling services and a general understanding.

In the end, nearly $3,000.00 was raised to assist in the #yellowisforhello Friendship Bench, which is a not-for-profit organization connecting students suffering from depression or other mental health issues with available on and off campus support.  They install a yellow bench on college and university campuses that acts as an icon to represent being open about our problems, not hiding them. 

If you're interested in donating to this cause, there's still time and you can do so by clicking this link.

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law forednesday April 6, 2016. Today we are talking about Employment Law.

A video posted by @wiselaw on

My ex-employer just gave me a severance proposal, but I was only given 3 days to respond. Is that legal?”


The law does not address this question. As a courtesy, you or your lawyer should advise your former employer in writing if an extension is required.
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net