LAW RESOURCES & NEWS

Crowd cheering at a concert

A LEGAL ANALYSIS OF TAYLOR SWIFT’S “ANTI-HERO”

“I have this dream my daughter-in-law kills me for the moneyShe thinks I left them in the willThe family gathers ’round and reads it and then someone screams out‘She’s laughing up at us from hell’” Taylor Swift, “Anti-Hero” It’s not every day that one of the most popular recording artists

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Woman book keeping

Do I Really Need a Minute Book for My Corporation?

This is a common question that we get from our corporate clients who have just incorporated a new corporation. Given that many corporations start with a very simple structure (think, a single person is the sole director and shareholder), it can feel like a redundant exercise in bureaucracy. Relationship Breakdown

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Laura Hillyer behind the wheel with a "smartwatch"

Smartwatch? Distracted Driver.

Smartwatches are one of the most popular pieces of technology available today. Users are attracted to the convenience of having a watch that allows them to see and send text messages and emails, make phone calls, check their calendars, and read the headlines. On the health side, smartwatches offer step

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Don’t Slip Up On The 60-Day Notice Period

Don’t Slip Up On The 60-Day Notice Period

Have you been injured in a slip-and-fall accident? Was it caused by someone’s failure to clear ice or snow? If so, you need to provide written notice of the incident (including date, time, and location) to the property owner and, if applicable, its winter maintenance company within 60 days of

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pretrial conference rules changing ontario

Ontario’s Pretrial Conference Rules Are Changing

Lawsuits can settle at any time. But if a settlement doesn’t appear to be forthcoming, all cases in the Ontario Superior Court will eventually be scheduled for a pretrial conference. Pretrial conferences are conducted by judges or associate judges. In order to obtain a pretrial conference date, a trial record

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will returning to work hurt my disability claim

Will Returning To Work Hurt My Disability Claim?

As a lawyer who represents disabled people, a question I am often asked by clients is, ‘Will returning to work hurt my disability claim?” The answer is almost always, “No.” I do emphasize to them, however, that engaging in a return-to-work trial is an important decision, and they should seek

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Cyclist riding a bike in the bike lane on a city street.

“Crash” not “Accident” — Language Matters When We Talk About Cycling Collisions with Drivers

Let’s talk about bikes and how cyclist victims are perceived by the media and, in turn, by the public.   First? Please read the following opening lines from three prominent media outlets, all reporting on the outcome of the same incident and all of which deliver essentially the same information.  “Longtime NFL assistant coach Greg Knapp dies Thursday from injuries

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Signing Official Document

When Should I Update My Will? 3 Common Situations

You’ve taken the time to make your will, but now you’re wondering, when does it need to be updated? Read on for some of the most common situations! You Separate From Your Spouse Recent amendments to the Succession Law Reform Act provide that if spouses are separated, the will of

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two motorists motor vehicle collision documenting fault determination rules

Fault Determination Rules – When They Apply?

I’ve just been involved in an accident and the Insurance Company has said I’m at fault, how do I know if they are correct?   For the past 30 years, the Insurance industry has settled issues with respect to fault and property damage by using the Fault Determination Rules.  The insurance

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photo of clouds

COVID-19 Trials

Zoom has emerged as a viable tool to not only keep the justice system from collapsing, but to make it more efficient and user friendly compared to the traditional way the courts operated.

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Anti-SLAPP Legislation

SLAPP, which stands for strategic lawsuit against public participation, is a lawsuit that is designed to censor, intimidate and silence critics of some public interest. The actual aim of the lawsuit is to burden the defendant to such an extent that they decide to terminate their opposition.

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covid 19 impact on limitation period

COVID-19 Impact On Limitation Period: What You Need To Know

The COVID-19 situation has therefore created a pause in Ontario’s normal limitation period protocol, but since online filings of statements of claims have continued throughout the pandemic, if you wish to avoid further delay in your litigation, you can ask your lawyer to have your statement of claim filed electronically with the court.

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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.

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Children’s Aid Society Wants To Interview Me! What To 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.

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Injured person and lawyer in hospital - getting the care needed

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.

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Am I Suing a Person or an Insurance Company

Am I Suing A Person or An Insurance Company?

If you are injured in a car crash and feel that you should be entitled to compensation for your pain, income losses, or other expenses, rest assured that in most circumstances, it will be an insurance company that is paying for your claim – not the individual person who actually caused the car crash.

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CPP Disability Benefits

CPP Disability Benefits

When someone suffers a significant injury and disability, she understandably typically focuses on the benefits to which she may be entitled from insurance companies (e.g., Income Replacement Benefits and Long-Term Disability Benefits). What is sometimes overlooked is the monthly Canada Pension Plan (CPP) Disability Benefit which can provide a much-needed financial safety net to protect the injured person and her family.

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My Will

I Just Signed My Will – Now What?

So, you have just signed your will and powers of attorneys – now what should you do? You have already done the hard work of deciding what you want to do with your estate and finalizing the documents, but there are still some tasks for you tackle

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the jury

What I Wish I Could Tell the Jury

In our justice system, we give jurors profound responsibility and power when we entrust them to render verdicts in legal disputes. The problem in civil cases is that, despite the trust we put in jurors, we do not tell them the whole story or the context in which their decisions are being rendered.

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Scam Warning!

We have received reports of people receiving fraudulent faxes that include our address and the name “Lakeshore Law Chambers.” This is a scam!

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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.

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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.

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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.

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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.

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Ontario launches Civil Case Management Pilot – One Judge Model

Litigation cases are taking too long to move through the system. Ontario had to find a way to relieve some of the backlog that has been piling up and straining judicial resources. In 2018, I had the pleasure of participating in a case management pilot planning group chaired by Chief Justice Strathy, that also included members of the judiciary, the Ministry of the Attorney General, the Ontario Bar Association, the Advocates Society, the Law Society, and others, with the goal of examining support to explore utilizing a one judge model here in Ontario.

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Ontario Government Asking For Public Feedback To Reform Car Insurance

Between now and February 15, 2019, the Ontario government is looking for public feedback about how to reform car insurance in the province. Unfortunately, their focus seems to be exclusively on reducing premiums, rather than ensuring fair benefits for injured people. Like so many governments before them, the fear is that they will try to reduce rates by cutting benefits for accident victims even further, and by making the process to claim benefits even more difficult.

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MHA HOLIDAY GIFT GUIDE

2018 has flown by and it is already December! Whether or not you have started (or finished?!) your holiday shopping, we hope this gift guide can help you find something for that difficult-to-buy-for person in your life.

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Winter Conditions

The Hazards Of Winter

Annually, we Canadians gear up for our winter experiences, many of which are fraught with danger.  It seems in many years winter is upon us in a flash and we’re just not ready or prepared for what winter has to offer.  We all know what those hazards are but often forget especially at the start of the season.

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Tourist Claims for Vacation Injuries

With the warm and sunny days of summer behind us, many Canadians are planning tropical vacations to get a break from the impending harsh winter weather.  Many of these trips will go off without a hitch but, for some, things can go very wrong and serious injuries can occur.  We are often consulted by injury victims upon their return to Canada to determine whether they have a viable claim, or lawsuit, arising from the injury.  The question of whether they can be compensated is complex and involves an entirely different analysis than if the injury had occurred in Ontario.

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Lawyers Making a Difference

Car Seat Clinic Success!

It was a chilly morning outside yesterday for Martin & Hillyer’s first Free Car Seat Clinic but everyone kept warm with hot coffee and some delicious home baked treats.  (Thank you Mrs. Abraham!) Almost every car seat that was inspected required some modification to bring it up to safety standards and be

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My Will

Choosing an Estate Trustee – 3 Questions To Ask

When planning your will, one of the most important decisions you will make is who to appoint as your estate trustee (commonly referred to as the “Executor” of the estate). Many testators select a trusted family member or friend to fill this role. However, some individuals do choose to instead

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Bruce Hillyer on Summer Risks

As I sit quietly by the lake watching the comings and goings of families enjoying their summer holidays I cringe at the risks many will take some with tragic consequences. Motorcycle Accidents Every fall I get calls from desperate family members looking for help for a loved one.  Motorcycle accidents

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3 Questions To Ask When Choosing an Injury Lawyer

For most people, the world of lawsuits, lawyers, retainer agreements, insurance benefits and court rooms is completely foreign until they are suddenly thrust into it against their will after being involved in an accident. Navigating this world can be a stressful and bewildering experience for injured people, and it is

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Car Insurance

Underinsured Benefits

WHAT IS THE OPCF 44R, AND WHY DO YOU NEED TO KNOW ABOUT IT? When you purchase an automobile insurance policy, you are protecting yourself in the event that you cause a car crash, and need to pay compensation to the person you injured.  But when you buy insurance, you

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How Does My Divorce/Separation Affect My Estate?

A divorce or separation can have a big impact on one’s estate. This article is not exhaustive, so please consult with a lawyer to clarify your own situation. There are a number of different variables that can interact in different ways to produce different results. It should be noted that

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Piggy Banks, Money Trees & The RDSP

I represent people who have been injured in accidents as a result of other peoples’ carelessness. I’m not an accountant. I’m not a financial planner.   I’m a lawyer.   I don’t have the expertise to give financial advice. But not uncommonly, I have clients who are worried about their financial future

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BENEFICIARY DESIGNATIONS AND YOUR ESTATE

WHAT IS THE RELATIONSHIP BETWEEN YOUR BENEFICIARY DESIGNATIONS AND THE REST OF YOUR ESTATE? There are certain financial assets – ie. registered plans such as RRSPs, RRIFs etc., and life insurance – which allow for one or more beneficiaries to be appointed to receive the funds after the death of

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workplace policies in Burlington

PROPOSED CHANGES TO THE RULES FOR SIMPLIFIED PROCEDURE

ACCESS TO JUSTICE There is a movement underway that originated with the judiciary in Toronto to amend the Rules of Civil Procedure to expand the scope of Simplified Procedure. The proposed changes are as follows: 1. Increase the limit on simplified procedure cases to $200,000.00 (currently the limit is $100,000.00) 2. Eliminate

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Word Bubble containing marketing phrases

UNDERSTANDING LEGAL MARKETING MUMBO-JUMBO

Are you the “best personal injury lawyers in Burlington”? Are you “award-winning”? Are you the “top lawyers in Halton”? Of course we’re not – nobody is! What do these labels even mean?? Problematic marketing of legal services in Ontario – especially personal injury services – has been in the news

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Post it Notes

ODSP CHANGES – CAPS ON GENERAL DAMAGES REMOVED!

People receiving benefits through the Ontario Disability Support Program have strict parameters around the amount of money they are allowed to keep in their bank accounts at any given time. Section 5(1) of the Ontario Disability Support Program Act stipulates that “no person is eligible for income support unless… (c) the budgetary

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Signing Legal Documents

I’M AN EXECUTOR – NOW WHAT DO I DO?

After the funeral, you may find yourself wondering where to start. You will want to get your hands on as much information as possible regarding the deceased’s assets and liabilities. This probably means you will have to search through their important documents to locate bank statements, deeds to real property,

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Person on cell phone

CREEPING IS REAL

“Creeping” or “Internet Creeping” refers to “stalking” someone on social media, which typically means checking them out or following what’s going on in their life on Facebook, Twitter, LinkedIn, Instagram, Google+, Youtube and other social media accounts. If you’re in the midst of a lawsuit and in particular, an auto

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Credit Score with Excellent Rating

WHEN IS PERSONAL AUTO INSURANCE TOO PERSONAL?

The Personal Insurance Company was recently rebuked by the federal Privacy Commissioner for accessing a claimant’s credit history without a valid reason. The Personal claimed that it needed to access the claimant’s credit rating to help assess whether the claim was fraudulent. The Privacy Commissioner noted, however, that The Personal

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For Sale Sign on Front Lawn

HOW DOES THE NON-RESIDENT SPECULATION TAX AFFECT ME?

In an effort to curb skyrocketing real estate prices in the GTHA, the Ontario Government has proposed a new Non-Resident Speculation Tax (“NRST”) that would impose a 15% tax on the purchase of residential property in the region by foreign interests. If the tax passes the legislature, it will be

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Cheque Settlement

STRUCTURED SETTLEMENTS

Are you considering a full and final settlement of your personal injury claim or Accident Benefit claim? A structured settlement may be a viable investment option for you so that you do not have to worry about how to manage a large lump sum of money. With the consent of

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Signing legal documents

LTD & CPP Disability Benefits

If you are receiving Long Term Disability (LTD) benefits most likely you have received a letter from your insurer requesting that you apply for CPP disability benefits. Your insurer has also likely informed you that should you qualify for CPP disability benefits it will be entitled to deduct this monthly

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Three men in construction gear

COULD THIS REALITY SHOW MAKE ONTARIO ROADS SAFER?

On January 3, 2017 the Discovery Channel debuted Heavy Rescue: 401, a reality show that follows emergency rescue and recovery towing operators on Ontario’s 400-series highways. The show follows on the heels of Highway Thru Hell, a highly successful program filmed in the British Columbia interior which finished its fifth season in

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Man signing papers on desk

TOP 4 BENEFITS OF HIRING A PERSONAL INJURY LAWYER

Often, the process to obtain the funds that are owed to you can be stressful and overwhelming, especially following an accident. It is most often in your best interest to seek legal advice following an accident. The lawyers at Martin & Hillyer Associates are here to help give you the strategic edge that

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doctor taping up knee

HOW TO PREVENT SLIP AND FALL ACCIDENTS

In Canada, falls are the leading cause of injury-related deaths and hospitalizations.[i] It can be very beneficial to take preventable measures that help avoid slips and falls from happening and resulting in a lawsuit. The lawyers at Martin and Hillyer Associates know and understand just how devastating the repercussions can be,

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Auto Insurance Advertisement

DEALING WITH ONTARIO’S CAR INSURANCE CUTBACKS

On November 25, 2016, the personal injury lawyers at Martin & Hillyer Associates presented a talk to Hamilton Health Sciences staff at the General Hospital entitled, You Can’t Always Get What You Want – Or Can You? Dealing with the 2016 Car Insurance Changes. Focusing on the Ontario government’s recent cuts to the medical,

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pink and blue water colours

IT’S NEVER OKAY (PART 1): LIMITATION PERIODS

This article is part of a series on the changes brought in by the Ontario government’s Sexual Violence and Harassment Action Plan Act (aka Bill 132). Learn about the other new protections and resources created by this important new legislation: Overview – It’s Never Okay. Limitation Periods in Civil Claims Perhaps

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blue water colours with green vines

IT’S NEVER OKAY (PART 2): COLLEGES AND UNIVERSITIES

This article is part of a series on the changes brought in by the Ontario government’s Sexual Violence and Harassment Action Plan Act (aka Bill 132). Learn about the other new protections and resources created by this important new legislation: Overview – It’s Never Okay. The problem of sexual violence on

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Green water colours on white background

IT’S NEVER OKAY (PART 4): ESCAPING DOMESTIC ABUSE

This article is part of a series on the changes brought in by the Ontario government’s Sexual Violence and Harassment Action Plan Act (aka Bill 132). Learn about the other new protections and resources created by this important new legislation: Overview – It’s Never Okay. The statistics  surrounding domestic violence in Ontario

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Colourful Arrows Pointing Up Painted by a man

ONTARIO TAKING STEPS TO PROTECT SURVIVORS OF SEXUAL VIOLENCE

The Ontario government passed the Sexual Violence and Harassment Action Plan Act in March of 2016 (also known as Bill 132) with all-party support, bringing in wide-ranging reforms to reduce sexual violence and to protect & empower survivors. The Act is an essential part of the government’s action plan called It’s Never Okay, a plan

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Man holding Pen Reading a Legal Document

WHAT IS A MEDIATION?

Very few lawsuits in Ontario go all the way through a trial – most will settle well before that, because trials involve costs, delays and risks that all parties in a lawsuit would generally prefer to avoid if a reasonable settlement can be reached. Settlement negotiations can happen at any stage of your lawsuit, in

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Doctor with Stethoscope

HOW TO DOCUMENT YOUR INJURIES, AFTER A PERSONAL INJURY, AND WHY

Recovering from an accident can be a very overwhelming and stressful time. The lawyers at Martin & Hillyer Associates understand the impact that a personal injury can have. We are dedicated to providing you with quality care and guidance during your recovery. During your recovery, taking small actions to get proper documentation

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RC2016Nom

READERS’ CHOICE NOMINATIONS 2016

Martin & Hillyer Associates is honoured to have been nominated in 3 categories in the Hamilton Spectator’s 2015/16 Readers’ Choice Awards! If you appreciate the local legal expertise we provide, you can show your support for Martin & Hillyer by voting for us and our lawyers in the following categories:

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