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Article

Minor Beneficiaries, Consents, and Conflicts of Interest

If you are the applicant for a Certificate of Appointment of Estate Trustee (CAET) you may be required to obtain a consent from a minor beneficiary to your proposed appointment as Estate Trustee. Most often these kinds of consents are required when the deceased passed away without a will. The…

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RISK Case Law Updates

WSIAT ruling preserves contractual rights of action

The Workplace Safety and Insurance Act contains restriction on the right to sue for workplace injuries. These rights depend on whether the injured worker and the defendant are in the same schedule as set out in the act. A worker in a Schedule One industry cannot sue any other Schedule…

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News

Lisa Langevin Business Woman of the Year Finalist

March 2017

Congratulation to Lisa Langevin who has been named as one of three finalists for the Business Woman of the Year in the professional category.  Lisa joined Kelly Santini LLP as an articling student in 2001 and became a full partner in the firm earlier this year. She is a bilingual…

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Article

Do-It-Yourself Domestic Contracts: It’s Just Not Worth It

In recent years, more and more people have begun living together without marrying.  In Ontario, property entitlements automatically arise when two people marry.  Without a domestic contract (cohabitation agreement or marriage contract), this necessitates the valuation and division of assets on separation or the death of a spouse.  Common law…

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Video

2016 Case Law Review Webinar

Insurance defence lawyers Shawn O’Connor, Samantha Iturregui and Crystal Schulz discuss key court rulings from 2016 that will impact insurers in 2017 and beyond.  Cases analyzed are: Daggitt v Campbell, 2016 ONSC 2742 Watts v. Bowman, 2016 ONSC 3994 Gardiner v. MacDonald, 2016 ONCA 968 State Farm v. Aslan, 2016…

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RISK Case Law Updates

The Duty Of Care Owed By A Municipality To The General Public

Vlanich v. Typhair 2016 ONCA 517 The Plaintiffs were injured in a motor vehicle accident involving a taxi which was not insured in accordance with the municipal by-laws.  The by-laws required that taxis have a minimum of $1 million in insurance.  The Plaintiffs sued the taxi driver, their insurer State…

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