LAW RESOURCES & NEWS

Notice To Our Clients

Please be advised that as we do our part to slow the spread of COVID-19, we are practicing social distancing. In the context of our business this means that we are conducting client meetings via phone or video call whenever possible and we will only be having brief in-person meetings when it is absolutely necessary.

Read More »

What if you discover a disability after you’ve been fired?

The circumstances under which a former employee could still make a long-term disability claim after leaving his or her position have not always been well defined. Specifically, whether an employee who was injured while under the policy, but only discovered the long-term effects of that injury after leaving that position, would still be able to claim LTD benefits has been unclear. The Ontario Court of Appeal provided some guidance for this in its recent decision of MacIvor v. Pitney Bowes.

Read More »

Medical Malpractice: Do I Have A Case?

Do I have a medical malpractice case? That question is asked of many lawyers daily in this province. Unfortunately, the answer is often no! Mainly, because a poor result of a procedure or treatment doesn’t necessarily mean someone screwed up.

Read More »

The Estate Information Return: A Review

Since January 1, 2015, anyone who has been issued a Certificate of Appointment of Estate Trustee has been required to file the Estate Information Return (“EIR”) with the Ministry of Finance within 90 days of the Certificate being issued.As it is now just slightly more than 4 years since this requirement came into play, it seems as good a time as any to reflect on the process and what could be improved.

Read More »

Victim of Crime? Obtaining Compensation in Criminal Proceedings

Periodically I am contacted by someone who has been a victim of a criminal offence. As a personal injury lawyer my job is to obtain compensation for the victim for the damages caused by the criminal. In addition to the civil remedies (e.g., filing a lawsuit, questioning the perpetrator at discovery, etc.) there is also a little-used section of the Criminal Code which can be very effective in obtaining at least partial compensation for victims of crime.

Read More »

Do I Need A Trust In My Will?

When are trusts most often used in wills? When you are intending to benefit a minor child in your will, you are intending to benefit a person who receives odsp, you want to control what happens to the inheritance after a beneficiary’s death or you want to control the beneficiary’s spending.

Read More »

The Children’s Aid Society wants to interview me! What do I do?

If the CAS calls you for an interview, do you have to speak with them? The short answer is, in most cases, no – however, if you don’t agree to an interview, this raises a big red flag, and the CAS has a range of options open to them to compel you to participate in their investigation, or to continue their investigation without your involvement.

Read More »

Getting the Care You Need … Now!

Coping with serious injuries, along with a delay in getting care and/or wage loss benefits, can make a difficult situation that much worse. At Martin & Hillyer we believe it is critical to become actively involved in our client’s case as soon as possible.

Read More »

DO YOU REALLY HAVE TO CLEAR THE SIDEWALK IN FRONT OF YOUR HOME?

I think most homeowners would just assume they have to clear the public sidewalks adjacent to their homes. My dad did it when I was growing up (I’m sure he still does). I see my neighbours doing it on my street (thank you!). As for me, once I had my own house, I just presumed I had a legal duty to do so. The actual, real answer to the question is a very typical lawyer answer. You MAY have to clear the public sidewalk…but it depends on the circumstances.

Read More »