Kronis, Rotsztain, Margles, Cappel LLPKronis, Rotsztain, Margles, Cappel LLP2024-03-27T15:49:49Zhttps://www.krmc-law.com/feed/atom/WordPressOn Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=461922021-01-13T08:17:07Z2020-01-10T02:41:02Z
Written By: Georgea Wolfe
Without a Will, the Succession Law Reform Act (Ontario) directs who will receive your estate and the amount which each of these people will receive. This is unlikely to conform to your actual wishes if you had given the matter some thought.
The Succession Law Reform Act (Ontario) provides that if you have both a spouse and children, there is a preferential share of $200,000 set aside for the spouse. If there is only one child, the balance of the estate will then be divided equally between the spouse and the child. If there are several children, the balance of the estate will then be divided 1/3 to the spouse and 2/3 among the children.
The term "spouse" under the Succession Law Reform Act (Ontario) only refers to your legal spouse.
The age of the children is not relevant to the entitlement. The share set aside for the children is payable irrespective that they may be beyond the age of majority and irrespective that they may have no financial need for the money.
The share payable to any minor children cannot be paid to them directly and must instead be paid into court. These monies will then subject to the control of the Office of the Public Guardian and Trustee.
Without a Will, you will be unable to make any specific gifts of money or property to your loved ones or to whomever you wish.
Without a Will, and if you have no next of kin, your estate will become the property of the Ontario government. With a Will, you can specify who will inherit your estate if you have no next of kin.
Without a Will, you cannot choose the estate trustees who will manage your estate. Instead, the court will determine your estate trustees based on Section 29(1) of the Estates Act (Ontario) and the court's discretion.
Without a Will, there will be a time lag before anyone is appointed by the court with the authority to act as your estate trustee. With a Will, your named estate trustees can start managing your estate immediately, subject always to obtaining confirmation of appointment by the court under a Certificate of Appointment of Estate Trustee With a Will.
Without a Will, your estate trustees will likely have to post a bond with the court. The bond is required in order to protect the value of estate while the estate trustees are in the process of paying the debts of the estate and distributing the assets to the beneficiaries.
The bond must be equal to double the value of the assets of the estate, which can be a financial hardship for the estate trustees.
The bond is typically obtained from an insurer licensed to provide surety and fidelity insurance in Ontario and there is an annual fee payable for such a bond.
The size of the estate and the credit score of the proposed estate trustees are factors in determining the cost of the bond.
The bond will remain in existence until the estate is wound up and a court order is obtained directing that it may be released.
Without a Will, your common law spouse and your step-children would not be entitled to share in your estate.
Without a Will, and without a separation agreement in place, your separated spouse will have an entitlement to your estate assets. Your separated spouse may also apply to court to act as your estate trustee.
Without a Will, you will have no say in the naming of a custodial guardian for your minor children (under age 18). With a Will, if you are the custodial parent, then you can name a custodial guardian for your minor children who will have authority to act as their guardian for the first 90 days after your death. This guardianship appointment must then be confirmed by the court; however, the court will consider your wishes.
Without a Will, if there are minor children or grandchildren who are entitled to share in your estate, and if the amount is over $10,000, then this inheritance must be paid into court and will be subject to the control of the Office of the Public Guardian and Trustee. With a Will, these funds do not need to be paid into court and your trustees can manage this inheritance directly for your children or grandchildren until they reach the age when they are entitled to inherit.
Without a Will, your children and grandchildren have the absolute entitlement to receive their inheritances at age 18. With a Will, you can specify that your minor children and grandchildren will not inherit their share of your estate until an age which is later than age 18. You can also stagger the age to receive, for example, 1/3 of their share at each of ages 21, 25 and 30.
Without a Will, if you have a child who is receiving ODSP benefits, an inheritance of any funds from your estate will typically affect their entitlement to ODSP. With a Will, you can set up a discretionary Henson Trust for such a child, which will ensure that their ODSP benefits will remain unaffected by any inheritance under your Will.
Without a Will, you lose the opportunity to undertake tax planning.
Without a Will, there may be no agreement among your next of kin as to who has the right to arrange your funeral and as to what is the best manner and place for your burial. With a Will, you can set out your wishes for your funeral and your burial. Although these wishes are non-binding on the estate trustees, they will typically be respected.
With a Will, your estate trustees have the entitlement to receive your personal information from any government entity. Without a Will, obtaining personal information is a lengthier and more complicated process.
GEORGEA S. WOLFE | LAWYER
Kronis, Rotsztain, Margles, Cappel LLP
#1100-25 Sheppard Avenue West
Toronto, ON M2N 6S6
Main Line: (416) 225-8750
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=462022021-01-12T02:44:00Z2018-09-01T01:42:49ZLife Insurance Creates Liquidity
If the estate is the named beneficiary of a life insurance policy, then the proceeds paid to the estate will be subject to probate taxes just like any other asset of the estate and will not be accessible until probate has been obtained; however, if a third party is named as beneficiary, then the proceeds paid to the benficiary will bypass the estate and will not be subject to such taxes or tied up in the probate process, which can be lengthy.
The availability of liquid funds and quick access to cash after the death of a loved one can be crucial for the family to pay after-death expenses, and even more so if most of the assets of the estate are tied up in a business or real estate holdings. Tax laws in Canada stipulate that there is a deemed disposition of capital assets, stocks, and bonds upon the death of an individual subject to certain exceptions (for example, inheritance by a spouse). This means that such property owned by the deceased will be subject to capital gains tax or income tax. Having access to cash can allow the family of the deceased to meet this tax burden without having to sell off property to create funds.
The liquidity created by proceeds of life insurance can also be used strategically for business succession plans. Buy-sell agreements among shareholders or business partners are triggered upon the death of one of the shareholders or partners and can be financed through the proceeds of life insurance. Holding a life insurance policy can provide the surviving parties with the cash to redeem the deceased party's interest in the business from the decedent's family.
There may also be a scenario where an individual would like to pass on his business only to a child who is actively engaged in the business. If the business comprises the majority of the value of the estate, the remaining children may feel as though they have been treated unfairly. The individual may consider obtaining a life insurance policy in order to financially equalize all the children.
Life insurance proceeds do not only create liquidity for the beneficiaries, but life insurance policies can maintain a certain amount of liquidity for the policyholder as well. Some insurance policies have a cash surrender value, which is the amount of money the insurance company will pay the policyholder if the contract of insurance is voluntarily terminated before death occurs. The cash surrender value is available to the policyholder during his lifetime, and depending on the policy, policyholders may be able to borrow money from the policy or pledge the policy as collateral to borrow money from a bank.
Life Insurance Can Maximize One's Estate
Another financial objctive which can be obtained by strategic use of life insurance is estate maximization. Maximizing one's estate involves ensuring that one's intentions are carried out in the most efficient manner. One common intention is to leave as much money and assets as possible to one's heirs. This can be accomplished in part by taking advantage of the positive tax implications of life insurance policies.
The first way that life insurance policies maximize one's estate is accomplished by bypassing the estate and avoiding probate. As previously mentioned, if the estate is named as beneficiary, then the proceeds of the policy are subject to probate, but if a third party or parties are named as beneficiaries, probate taxes are not payable.
Secondly, a beneficiary is not required to pay income tax on the proceeds of a life insurance policy. Because of this, and because permanent life insurance policies have a savings component which, pursuant to the Income Tax Act, allows financial resources to grow in a tax-sheltered environment, the long-term value created by holding such a policy can be significantly greater than value created through regular investing. This represents an opportunity to diversivy one's portfolio to include tax-exempt life insurance as an asset allocation strategy.
Tax strategies utilizing life insurance can also be implemented through one's privately held company as well. One way to do this is for the corporation to purchase a life insurance policy on the life of the owner and name the corporation as beneficiary. Upon death, the proceeds will be paid into the corporation's capital dividend account and can subsequently be declared as tax-free dividends to shareholders who are beneficiaries of an estate.
Devising the Proper Plan
Using life insurance strategically as an estate planning tool can be very effective for the right person, especially for those people who earn more income than they need or use. Nevertheless, careful planning is necessary in order to determine the best way to execute this strategy. In addition to his own financial position and estate maximization, one needs to be mindful of how the proceeds will be distrubuted to his loved ones or favourite charities. Is it best to name a beneficiary on the insurance policy or use an insurance trust to distribute proceeds? Should a policy be purchased in one's own name or through a corporation? These, along with other intricacies, should be addressed by seeking advice from a lawyer and financial planner when creating an estate plan.
Jack Rotsztain
Barrister & Solicitor at Kronis, Rotsztain, Margles, Cappel LLP
Practising under Rotsztain Law Professional Corporation
25 Sheppard Avenue West, Suite 1100
Toronto, Ontario
M2N 6S6
Tel: (416) 225-8750
Fax: (416) 225-7214
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476272021-01-13T08:13:06Z2018-06-27T07:09:27Z
Written by Jack Rotsztain and Benjamin Gal
Upon the death of an individual, his legal personhood continues in the form of his estate. In the will, the decedent appoints an executor or executors to pay the outstanding debts and expenses, to administer the assets of the estate, and to distribute the remaining assets of the estate to the beneficiaries named under the will. An executor has a number of important responsibilities when administering an estate, and this process can sometimes lead to trouble for the unwary. While this memo is in no way exhaustive, below are five errors executors commonly make in their role
1) Over-stepping his role
An executor is involved in numerous important activities, but, at the end of the day, he must remember that his primary responsibility is to execute the will of the deceased in accordance with the wishes of the deceased. An executor is a trustee on behalf of the estate with a legal responsibility to the beneficiaries. As such, an executor is a fiduciary and must maintain his fiduciary duty throughout the process and act in good faith at all times. Although the executor might think that he has a better or fairer way to distribute assets, the provisions of the will must be carried out in accordance with the wishes of the decedent. Ignoring or playing fast and loose with the contents of the will can expose the executor to personal liability by disgruntled beneficiaries.
2) Disregarding the distinction between personal assets and estate assets
This common error flows out of over-stepping by the executor of his role of trustee. Because the executor has control of the estate assets, there are often problems caused by blurring or disregarding the distinction between the executor's personal assets and those of the estate. The role of executor does not give the executor the right to use the assets of the estate for any personal gain, including paying off his own individual debts or advancing loans to friends or family members. Further, accurate records must be kept of all expenses incurred by the estate, as beneficiaries have the right to hold an executor to account for expenses.
Similarly, an executor has a duty to avoid conflicts of interest in his role as fiduciary. This may amount to not entering into any contracts or agreements between the estate and the executor in his personal capacity. A seller always wants to sell at the highest price possible, while a buyer always wants to buy at the lowest price. If the executor enters into a contract with the estate, this may amount to self-dealing and can raise concerns as to whether the executor is truly acting in the best interests of the estate. For example, loaning money to, or receiving a loan from the estate may result in the interest rate being disputed to have been too favourable to the self-interested executor.
3) Failing to locate and secure all estate assets
An executor has the duty to locate all of the estate's assets, and may be required to obtain valuations for these assets for probate purposes. The course of action with respect to the assets differs based on the type of asset. Bank accounts, real estate, securities, and wholly owned companies, for example, all require different and unique 'next-steps'. Banks should be advised of the death and credit cards should be cancelled; real estate must be properly managed and maintained until sold for probate; and companies will need to be properly managed and maintained until sold. Also, the executor must find out if the decedent had registered plans such as RRSPs or TFSAs and distribute the assets according to the terms of the will, after probate has been obtained.
Issues can arise where there is a question as to whether a certain asset belongs to the estate. One such example might be a joint bank account. The surviving joint holder of a bank account may assume that he is now solely entitled to the amount in the account, but this may not be the case. In fact, there is a rebuttable presumption that a jointly held bank account forms part of the estate. Failure to properly locate, secure, and distribute all of the estate's assets may make the executor subject to personal liability.
4) Neglecting to seek the advice of professionals
An executor of course would like to proceed quickly and try to save time, effort, and money in the administration of the estate; however, the nature of the services provided by the executor is such that consulting with a lawyer and accountant is necessary. Firstly, an executor should refrain from taking any action on behalf of the estate without first talking to a lawyer. Does the will need to be probated? Are there any applicable inheritance rights under the Family Law Act? Should the estate advertise for creditors and how should this be done? Are the terms of the will clear on their face? These are all questions that can be answered by a lawyer practicing wills and estates law. Similarly, there are many tax-related matters that an executor must consider. Tax returns must be filed. There may also be deductions and elections for which the estate might be eligible. Missing filing deadlines and failing to take advantage of deductions are common errors, yet easily avoided by consulting an accountant.
Finally, failing to keep assets of the estate productive is another common way that an executor can run afoul of his duties. Making poor investments or no investments at all, selling assets without appraisal, and selling real estate without a realtor can result in insufficient returns which can expose an executor to law suits from beneficiaries. Receiving the help and advice of lawyers, accountants, investment advisors, realtors, and appraisers, among others, goes a long way to prove that an executor has met his duty of diligence, care, and skill.
5) Being ignorant to the legal risks
An executor does not assume responsibility for the debts and obligations of the decedent in a personal capacity unless he distributes assets before payment of the debts of the estate. An executor may also be held personally liable for some expenses he incurs during administration of the estate. This includes, for example, hiring professionals to perform services that the executor is normally expected to do personally. The role of an executor is onerous and care should be taken in carrying out his responsibilities.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476262021-01-13T08:12:17Z2018-04-24T07:09:24Z
When a person dies, it is their Executor who manages the estate, seeing to the distribution of estate assets and fulfillment of estate obligations. Your Executor is appointed in your will.
Your Executor has three main jobs: identify and collect the assets of your estate, pay your taxes and other debts from those assets, and distribute whatever remains to your beneficiaries.
You can have one Executor or multiple co-Executors. You can appoint an individual or a trust company. You should appoint alternates if your first (or second) choice is not available.
Whoever you choose, it is important to discuss your choice with them, because they are not obligated to accept the appointment, even if it appears in your Will. Although it is impossible to ensure with complete certainty that they will still take the job when the time comes, you should at least know that they are open to it before naming them.
Many people choose their spouses or adult children to act as their Executors, especially when they are familiar with the estate assets and are the beneficiaries. However, even if you are married and/or have adult children, you should consider whether they have the skills to manage an estate - a job that can include working with lawyers, banks, Canada Revenue Agency, real estate agents, and impatient beneficiaries. If trusts for minors are set up in the Will, the job may involve years of responsibility for managing other people's assets. It is also important to honestly assess whether your children are likely to work cooperatively or if there will be conflict and strife. Choosing one child can create problems, since the others may be offended at not being chosen. This offence is misguided - being an Executor is a job with responsibilities and not a gift that is bestowed - but nevertheless can be a cloud over sibling relationships for years. Finally, in a blended family, it is important to consider questions of trust, and specifically whether the beneficiaries will trust the Executor or are likely to challenge them at every turn.
A trusted friend, other relative such as a sibling, or advisor such as an accountant may be good choices.
If your estate is complex, if you want an Executor with expertise in administering estates and trusts, if you have investments in private corporations or are often involved in significant commercial litigation, if your estate includes trusts that are expected to last beyond than a person's lifetime, or if there is simply no one in your life suitable to act as an Executor, you can appoint a trust company to act. Each of the major banks has an affiliated trust company and your account manager can usually connect you to someone at the trust company to discuss their services.
You can also appoint both a trust company and an individual to act as co-Executors; neutral third parties may be able to defuse family tensions.
Most trust companies will want to review your Will before agreeing to act, as well as review your assets to ensure your estate will meet their minimum thresholds. They will also ask that you sign a fee agreement.
An Executor who is not a trust company is also entitled to Executor's fees. Unless you put a set amount or formula in your Will, it will be variable - depending on many factors including (among other things) the size and complexity of the estate - and what the Executor thinks is fair may be challenged by the beneficiaries or reduced by a judge.
As in all matters of estate planning, you should review your Executor appointments every five years to ensure they are still appropriate.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476242021-01-13T08:10:32Z2018-03-14T07:09:19Z
Think again.
Regardless of your age and the extent of your assets, having a Will gives you a say over who your heirs will be, often reduces fighting among your loved ones when you are gone, and can result in more money going to the people you choose. While we would all like to think we will live forever, the reality is that each of us has a time, and none of us knows when it is.
An intestacy occurs when a person dies without a Will. Here are some implications of dying intestate in Ontario:
You have no control over who takes charge of your estate and distributes your assets.
You have no control over who inherits your estate. Your estate will go to the people set out in legislation - not necessarily the people you would have chosen.
If you are married, your spouse will inherit the first $200,000 of your estate and the balance will be divided between your spouse and your children. This is true even if you and your spouse are separated. It is also true even if your children are babies and your spouse is their other parent. On the other hand, step-children whom you treat as your own but have never formally adopted will have to bring an expensive application to even try to receive anything.
If your children are under age 18, their inheritances will be held under the control of the accountant of the Superior Court of Justice, who will then release all their money when they turn 18. What would you have done with a financial windfall at age 18?
If any of your beneficiaries are disabled and receiving government assistance, their inheritance might cause them to lose their benefits. (A carefully drawn Will can avoid this outcome.)
The person applying to be your Executor may be required to obtain an administration bond before the court will grant the application. This cost will come out of your estate, reducing the amount available for your heirs.
Your estate may pay more in probate taxes, calculated as 0.5% of the value of assets up to $50,000 and 1.5% of the value of assets over $50,000. Again, increased costs mean your heirs receive less in the end.
You lose a terrific opportunity to leave a charitable legacy, along with the tax benefits of doing so.
If you do not have a Will, chances are you also do not have Powers of Attorney for Property or Personal Care. Without these documents, you have no say in who would act on your behalf if you became incapable of managing your assets or personal care - including healthcare decisions.
For more information about how we can help you with your estate plan, please contact us at [email protected]
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476252021-01-13T08:11:27Z2018-03-08T08:09:22Z
KRMC represented the plaintiff, a vehicle financing company, in BMW Financial Services Canada v Mirzai et al, 2018 ONSC 180, a recently reported decision of Justice De Sa. In that case, the plaintiff financed the purchase, by one defendant (the "debtor"), of a vehicle. Shortly after the purchase, the debtor sold the vehicle to the other defendants (the "purchasers").
The plaintiff alleged that, by virtue of defaults under its financing agreement with the debtor and the Personal Property Security Act, it had a right to repossess the vehicle, and that by refusing to return it, the purchasers had committed the tort of conversion.
KRMC's Ron Aisenberg and Alexander Soutter obtained a great result for the plaintiff by successfully moving for summary judgment against all defendants, obtaining judgment against the debtor for the amount of the debt, and the purchasers for the fair market value of the vehicle.
Should you require representation in a matter involving the tort of conversion, the rights of secured creditors under the Personal Property Security Act, or any of our other practice areas, we invite you to contact us.
Ontario Superior Court of Justice - Reason for Decision
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476182021-01-13T08:08:44Z2017-02-06T08:04:44Z
Written by Rozmin Mediratta
For the sake of (relative) simplicity, this blog post will focus on doctors. Similar questions arise, however, in the context of other regulated health professionals in Ontario, of which there are 26 under the Regulated Health Professions Act ("RHPA").
While both regulatory complaints and civil suits can result from the same event, the processes and outcomes involved in each are distinct, including everything from the names of the parties (plaintiff/defendant in civil suits versus complainant/respondent in regulatory complaints) to the remedies available.
How do I start the process, and what will it cost me?
To make a complaint, you simply need to write a letter to the College of Physicians and Surgeons (the "College") detailing the event. Section 43(1)(b) of the Personal Health Information Protection Act, 2004 ("PHIPA") allows the College to collect the complainant's medical information in order to independently investigate the complaint. This process is free and you are not required to hire a lawyer, although you can always choose to.
To start a civil suit, you need file a Statement of Claim with the courts, which currently costs $220. This starts the long and complicated litigation process, which includes examinations for discovery and trial, for which a lawyer is highly recommended. You and your lawyer would be responsible for gathering and presenting all of the evidence to prove your case.
What is the threshold for the complaint or claim to be successful?
The College's mandate is to act in the public interest. Thus, the College's primary concern is whether the doctor's conduct met the standard of the profession.
On the other hand, a civil suit will only be successful if you can prove that the doctor's conduct fell below the professional standard, and that his/her conduct caused you harm.
What can I get in the end?
The College cannot award financial compensation, only the courts can. Unlike the courts, however, the College has the authority to discipline a physician, including suspending or revoking a license.
While there can be a complaint and civil suit at the same time, no information, report or decision from the regulatory process is admissible in civil court (see section 36(3) of the RHPA).
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476172021-01-13T08:35:45Z2017-01-09T08:04:41Z
Written by Michael Sniderman
If you are injured in a motor vehicle accident in Ontario and want to sue the at-fault driver, there are two questions that you should keep in mind:
1) Are your injuries permanent and serious?
One of the first things a lawyer will want to know if you've been in a motor vehicle accident is whether your injuries are both permanent and serious. This is because of the threshold that exists in Ontario, which states that in order to be compensated for your pain and suffering, the injuries you have suffered as a result of the accident must have caused either:
(a) Permanent serious disfigurement; or
(b) Permanent serious impairment of an important physical, mental or psychological function.
This threshold comes from Section 267.5 of Ontario's Insurance Act, R.S.O. 1990, c. I.8 and it means that if you only have a scratch on your arm or broke a nail, a judge will be unlikely to so much as lay an eye on your case.
On the other hand, if your injuries have prevented you from returning to the activities of your normal, pre-accident life and are unlikely to substantially improve in the future, you may meet the threshold and should keep reading.
2) Is it worth it?
Ideally, it would always be worth it to sue the at-fault driver, as he or she has caused pain and suffering in your life that should be compensated. However, Ontario has a statutory "deductible" of $36,540 on claims against at-fault drivers and vehicle owners, which applies for claims up to $121,799, as per Section 267.5 of the Insurance Act (although please note that these figures are current to December 31, 2015 and are increased each January 1st with inflation.)
This means that if your claim is greater than $121,799, the deductible will not apply and you will be able to enjoy your award in its entirety. On the other hand, if a judge deems your pain and suffering to be worth less than $121,799, you will never see the first $36,540, as it will be deducted from your total award. With this in mind, if you have a case worth $40,000, the best you could hope to receive is $3,460, and that's without even considering the industry standard 33% contingency fee that your lawyer will have likely earned.
Using the same example, if a judge looks at your case but thinks it's worth $36,000 instead of the $40,000 you have claimed, you will end up with nothing but empty pockets and may also be required to pay the defendant's legal fees. In that situation, you might have been better off putting your energy toward recovery instead of spending years toiling in the litigation process.
If you think you have a case that answers "yes" to both of the questions above, feel free to contact one of our personal injury lawyers.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476152021-01-13T08:06:04Z2016-11-16T08:04:36Z
Any person bitten, attacked or otherwise injured by a dog in Ontario is entitled to seek compensation. This article briefly addresses the legal rights and remedies available to victims of dog bites and attacks.
Governing Legislation
In Ontario, dog bite incidents are governed by the Dog Owners' Liability Act. The Act stipulates that an owner of a dog is liable for any damages that result from a bite or attack by his dog on another person or domestic animal. Where there is more than one owner of a dog, they are jointly and severally liable for the resulting damages.
Liability
The dog owner is held to a "strict liability" standard for any damages caused by his dog. Liability of the owner does not depend upon fault or negligence on the part of the owner. Liability will be found even if the dog owner acted completely reasonably. Nor does it depend upon the owner's knowledge of the dog's propensity for attacking people.
Liability will automatically be found where two elements are established. First, the person was bit or attacked by a dog. Second, the dog was owned by the defendant. Where these elements are met the dog owner is financially and legally responsible for any injury caused by his dog. Typically, the dog owner's home insurance or general liability policy will cover the damages.
Damages
If the case settles prior to trial, the quantum of damages is determined on the basis of legal research completed by your lawyer.
Should the case proceed to trial, the quantum of damages is assessed by the Court. The Court will take the owner's fault into account when calculating damages and may increase or decrease the damages depending on the owner's degree of contribution to the dog's action. By way of example, if the owner was negligent in ignoring the dog's propensity to bite people or failed to restrain the dog, the owner may have to pay more damages than an owner whose actions or lack thereof did not contribute to the dog's behaviour.
Contributory Negligence
The amount of damages an injured person is awarded can be reduced due to contribution negligence. The Court will reduce the damages awarded in circumstances where the injured person acted in such a way as to make him partially responsible for the dog bite. An example of an injured person's contributory negligence might include unreasonably provoking the dog to behave violently or kicking the dog prior to the attack. The finding and extent of contributory negligence is wholly dependent upon the circumstances of the case.
Evidence
If you are bitten, attacked or otherwise injured by a dog, you should take the following steps. First, get the dog owner's name. Second, seek proper medical care. Third, report the details of the incident to your local health unit, animal control and/or the police. Fourth, take detailed photographs of your injuries.
For more information, feel free to contact one of our personal injury lawyers.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
]]>On Behalf of Kronis, Rotsztain, Margles, Cappel LLPhttps://www.krmc-law.com/?p=476162021-01-13T08:06:56Z2016-11-08T08:04:38Z
Philip Cho presented at the Law Society of Upper Canada's 6-Minute Debtor/Creditor and Insolvency Lawyer program, chaired by the Honourable Justice Fred Myers and Michael Myers, on October 17, 2016.
Philip provided a brief overview of the use of Mareva injunctions as a judgment enforcement tool, together with a paper prepared by Philip and KRMC 2017 Articling Student, Jeffrey Day. Philip has been a frequent speaker of this popular seminar series in past years.
A link to the presentation can be found here.
The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.
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