The disappearance of a person can quite obviously have devastating emotional consequences for loved-ones left behind. It can also leave those loved-ones with difficult legal issues to unravel. There may be insurance issues to sort out – such as whether a life insurance claim can be made after a prolonged, unexplained absence. Additionally, if the missing person is a beneficiary of an Estate, the administration of that Estate can be made significantly more complicated.
In some cases, the solution is to apply to the Court for a Declaration that the missing person is dead pursuant to the provisions of the appropriately named Declarations of Death Act or, if an insurance claim is involved, pursuant to Section 209 of the Insurance Act.
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After a relationship breakdown, one party may decide move to a different province, territory, or country. When one party relocates outside Ontario, it can create a challenge for the other party to obtain, enforce, or vary a child or spousal support order.
The challenge is made easier with the existence of reciprocating jurisdictions. Reciprocating jurisdictions are formal arrangements, between Ontario and all other provinces and territories and between Ontario and several foreign countries, enforcing each others family support orders.
Ontario’s reciprocity law is set out in the Interjurisdictional Support Orders Act, 2002. The other reciprocating jurisdictions have similar laws.
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We are often retained to assist clients incorporate not-for-profit corporations and apply for charitable status with Canada Revenue Agency (CRA). Registration as a charity with CRA is required to permit the organization to issue tax receipts to donors.
These organizations frequently receive donations of cash or property (such as office equipment) prior to acquiring charitable status from CRA and we are asked whether a tax receipt can be issued for those early donations. The short answer is a qualified yes for cash donations and a clear no for donations of property. Read the rest of this entry »
Effective August 3, 2010, there is now a provision in the HTA (Regulation 163/10) for the suspended driver to apply to the Registrar to reinstate a license prior to the end of the suspension period. Section 259 of the Criminal Code allows the Judge to make an order allowing the offender to apply to the Ministry of Transport (MOT) in Ontario to register in an “alcohol ignition interlock device program” (the program); and, if so registered, receive his/her license earlier than the minimum prohibition period(s) after sentence is imposed. Upon acceptance into the program, he/she must install the Alcohol Ignition Interlock Device (the device) (within 30 days by an authorized person) in his/her car at his/her expense. Read the rest of this entry »
Growing up, we were all told that we would “catch more flies with honey than vinegar”. Assuming we got past the obvious question – but what if I don’t want flies? – we soon learned this meant that we would be more likely to achieve our goals by being courteous, gracious and handling ourselves with integrity, than by employing an abrasive “win at all costs” strategy. Read the rest of this entry »
