What is Parental Alienation? Parental alienation occurs when one parent uses various tactics to influence their child into rejecting the other parent without legitimate justification. This phenomenon typically arises in the context of a contentious separation or divorce. Parental alienation is a form of manipulation and can also be regarded as emotional or mental abuse of a child. Tactics an alienating parent may use to influence their child may be subtle or overt, including badmouthing, limiting contact, or creating false narratives about the other parent. If successfully influenced by the al ..read more

What you need to know Dismissing an employee for cause can be very challenging. However, on the right set of facts, it remains possible. A recent example is found in the case of Morton v. Royal Bank of Canada, 2024 F.C. 311.  In Morton, the Federal Court upheld the decision of the adjudicator of the Industrial Relations Board that RBC was justified in terminating the employment of the claimant, Morton. Morton claimed unjust dismissal following her termination as an eighteen-year employee.   She was found to have circumvented automated processes to manipulate client transactions ..read more

Mills & Mills LLP congratulates Ukraine Medical Support (UAMS) on its approval as a Registered Charity (Charity Registration Number: 743083701RR0001) by the Canada Revenue Agency (CRA). This not only recognizes UAMS’s commitment to humanitarian efforts but also allows Canadian donors to contribute directly to the cause and receive a donation receipt. Ukraine Medical Support is a Toronto-based charitable organization with a mission to provide medical and psychological help to refugees, single mothers, kids and the elderly. They aim to help save lives by offering essential support in times o ..read more

Strict Interpretation: Unenforceable Unless in Writing, Signed and Witnessed In Ontario, the Family Law Act, RSO 1990 c F 3, governs domestic contracts, including separation agreements. Section 55(1) of the Act provides that “A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed”. While this language may suggest that these elements are necessary conditions a domestic contract must meet to be enforceable, the case law which has developed regarding this provision makes clear that is not always th ..read more

Trust Returns In December 2022, legislative amendments were introduced to mandate additional information reporting on an annual basis for certain types of trusts in Canada. The amendments are effective for taxation years ending after December 30, 2023. There are three main changes under the new rules: All trusts, unless certain conditions are met, will be required to file an annual T3 Return with the CRA; Trusts that are required to file a T3 Return, other than listed trusts (as defined by the CRA) generally need to complete Schedule 15 in their annual T3 return to report beneficial ownership ..read more

You have worked hard for years to save up enough money to buy your dream home. You find a property that meets all your requirements; it is a beautiful home, set in a bucolic neighbourhood, close to your family and friends, you think it is safe, secure, and it has not presented any obvious defects. But when you move into your dream home, you find that all is not well. The house has major problems that the seller did not disclose to you, and no reasonable inquiries from you could have uncovered these issues. What are your options? The Un-Royal Treatment of the Crypto King A recent case from the ..read more

Do you find yourself in the unexpected position of needing help from a Family Law lawyer? Are you feeling overwhelmed by the thought of commencing legal proceedings? You’re not alone. Rest assured these are murky waters most couples do not envision navigating. Indeed, there can be much at stake when you and your soon-to-be former spouse are no longer paddling in the same direction. If you’re feeling lost at sea, here are some quick tips for working smarter with your Family Law lawyer so you can move your boat to the finish line: Organize Your Thoughts There’s a lot of homework when you deal wi ..read more

When one is approached by a family member or close friend with a request that they act as an attorney for property or estate trustee, the initial reaction is often one of stoic acceptance.  Whether as a result of a sense of filial responsibility or a moral obligation more broadly, there is a sense of pride that one feels at being asked to take on such a task. At the same time, and all too often, nominees agree to act and begin acting without giving such an appointment the second thought that it deserves.  In reality, the role of a fiduciary is a rigorous one.  In particular, the ..read more

Most federal corporations governed under the Canada Business Corporations Act (the “CBCA”) are required to prepare and maintain registers of individuals with significant control (“ISC Registers”). Effective January 22, 2024, Bill C-42, An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts, will expand these requirements with the goal of enhancing transparency and combating tax evasion and money laundering. Who is an ISC? An individual with significant control (“ISC”) is someone who owns or controls a corporation. This individual mus ..read more

As we step into 2024, Mills & Mills LLP is delighted to reflect on a year filled with accomplishments, recognition, and meaningful community engagement. In 2023, Managing Partner, David Mills, was included in the 2024 edition of The Best Lawyers in Canada for Trusts and Estates. Wills and Estates Partner, Meghan O’Neil, was also included in the 2024 edition of the Best Lawyers: Ones to Watch in Canada for her work in Trusts and Estates. Similarly, Meghan was included in the November edition of Post City Magazine and Streets of Toronto Magazine as one of Toronto’s Top Lawyers in Estates, Tr ..read more