Going through a divorce can be a challenging and emotionally charged process. One common question that arises during this time is, “How long will the divorce process take?” While the duration of a divorce can vary depending on several factors, understanding the general timeline for divorce proceedings can provide individuals with a clearer perspective. In this article, we will explore the key stages involved in a divorce and provide insights into how long each stage typically takes, helping you gain a better understanding of the timeline for divorce.  Stage 1: Separation and Legal Consult ..read more

Divorce and separation can be an emotionally challenging and complex process, but engaging in divorce mediation can help couples find a more peaceful and amicable resolution. Mediation allows couples to maintain control over their own separation and divorce, and make decisions together, with the guidance of a lawyer mediator. To ensure a successful mediation process, it is important to keep a few key tips in mind. Firstly, open and honest communication is essential during divorce mediation. It’s crucial to express your concerns, needs, and expectations clearly and respectfully. Remember that t ..read more

In recent years, upon being hired at a new workplace, it has become far more common for the employer to require that the new employee sign an employment contract that contains a “termination” clause. This provision usually purports to limit what the employer must pay to the employee in “severance” when he or she is fired, or terminated, “without cause” to the strict minimums contained in the Employment Standards Act. Such provisions are routinely being set aside by our courts as unenforceable, for a number of reasons: they are often far too vague, by stating, for example “subject to the ESA ..read more

Family disputes can be challenging and emotionally charged. They can be particularly difficult when they involve sensitive matters such as divorce, child custody, and spousal support. Unfortunately, going to court is not always the best option, as it can be time-consuming, costly, and adversarial. Fortunately, there is an alternative to litigation: family mediation. Family mediation is a process in which a neutral third-party mediator helps family members to resolve their disputes through discussion, negotiation, and compromise. Mediation is less costly and less time-consuming than going to co ..read more

The Best Way to Come Up With a Marriage Contract or Cohabitation Agreement What is the last thing usually on the minds of happy, loving partners when they decide to marry, or live together? Splitting up. That is, unless one or both of them have gone down that road before, and been through a nasty separation. The latest Statistics Canada data tells us that 4 in 10 marriages in Canada end in divorce. While most folks might find this hard to believe, and hope it won’t happen to them, they do not know what the future holds. It is a hard place to go, as a couple, but turning their minds to doing ..read more

The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment.  When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed.   Once a contract of employment has been formed, neither party has the right to unilaterally change a significant term of the contract unless both parties agree to the change.  Since the employer has arguably breached t ..read more

At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice.  The exception to the rule occurs when “just cause” exists;  the employer is then entitled to dismiss the employee summarily, without any notice, or payment, being required.  You are fired; you get nothing, and furthermore, since you were fired for cause (as it is usually shortened to) you cannot get employment insurance benefits.  That is pretty harsh, but there are some cases w ..read more

When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”.  Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct.  The likelihood of a boss telling you that you are terminated, is, however, pretty remote, compared to hearing that you are fired.  In fact, as explained in a prior blog, the most likely, but inaccurate, phrase often used is to hear that you have been “laid off”. At law, w ..read more

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care.  The two documents are not the same.  Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament?  Think of it in these terms: when you are alive, powers of attorney, as well as living wills, are relevant.  They become null and void when you die. Your Will, also known as your Last Will and Testament, then becomes the important document to follow. So what is a Living Will?  Also known as an “Advance Directive ..read more