Howard Nightingale Professional Corporation
4580 Dufferin Street, Suite 302 M3H 5Y2 Toronto, ON, Canada

Courts are slowly reopening across 0ntario Family Law, Real Estate Law, Wills & Estate Planning Law: Federal, Provincial and Territorial Last July 6, The Ministry of the Attorney General, which is responsible for courts administration and courthouse facilities, began the first phase of a plan to return to full court operations across Ontario. Starting with a limited number of courthouses and courtrooms, operations will continue to expand, with a targeted completion date of N...ovember 1, 2020. While this is good news, there are still some obstacles to overcome when dealing with the court system as we navigate the ‘new normal.’

Addressing your digital assets in your will With the increasing trend towards a digital way of life, it’s essential to keep your digital assets in mind when planning your will and estate. At Howard Nightingale Professional Corporation, we have the expertise to guide you through the steps needed to include digital assets as part of your estate planning process; and help you select an executor who would be the best choice for dealing with those assets.

Keeping your children legally safe during COVID-19 Due to COVID-19, law offices are currently required to use remote interviews and signings related to Family Law Legislation, including COVID-19 cases. Ontario courts are open only for what they deem to be ‘urgent’ family court matters. If you have any concerns about the safety of your children in today’s COVID-19 climate, talk to us. We’ll help you determine whether or not your case is considered by the court to be ‘urgent’, and what your next legal steps should be.

During COVID-19, Family Law managed remotely. In light of the current COVID-19 environment, the Law Society of Ontario is encouraging law offices to use remote business models in their operations. That includes remote interviews and signings related to Family Law Legislation. At Howard Nightingale Professional Corporation, we can help you manage your Family Law issues remotely.

In light of COVID-19 Howard Nightingale Professional Corporation is taking measures to safeguard the health and safety of our clients and employees while ensuring that we continue to provide business continuity and service. Our office remains open with our team working staggered hours or working remotely to minimize the risk of transmission. Please contact us for all of your legal needs or if you have questions about the impact of COVID-19 on all your legal matters, current ...or pending. We would be pleased to review co-operative means to resolving matters moving forward. We are continuously monitoring ongoing developments and will implement updated steps as and when necessary. We ask that you not attend our office if you are experiencing flu-like symptoms such as fever, cough and shortness of breath, you have travelled outside of Canada in the last 14 days or you know or suspect that you have been in close contact with someone who has recently travelled outside of Canada or been diagnosed with COVID-19. We thank you for your understanding and co-operation at this time. Be well and continue to care for those in need. Thank you.

Do you have a family member with special needs who is receiving benefits through the Ontario Disability Support Program (ODSP)? If so, it’s important to know that if you are planning to leave that loved one an inheritance, it will be considered an asset and disqualify them from the Ontario Disability Support Program (ODSP) benefits unless a special arrangement is made. The good news is that this arrangement CAN be made....

Trusts: Testamentary vs. inter vivos. Which is right for your estate and beneficiaries? Family Law Legislation: Federal, Provincial and Territorial A trust can be a smart move to protect your estate and provide for your beneficiaries. It’s a way to make sure your wealth is shared equitably amongst your heirs, and avoid potentially countless headaches about your estate. It also ensures a certain amount of time to pass before the beneficiaries have access to the full amount...

Family Law Legislation: Federal, Provincial and Territorial The nuclear family is no longer the norm in Canada, with common law relationships on the rise. In Ontario, two people are considered common law if they are unmarried, but have been continuously living together in a conjugal relationship for three years or more. As well, they are considered common law if they have a child together, by birth or adoption, and have been living together for at least one year. It’s important for common law couples to be familiar with their legal rights and responsibilities with respect to one another in the event that the relationship breaks down.

Family Law Legislation: Federal, Provincial and Territorial According to the Government of Canada Department of Justice, the federal, provincial and territorial governments in Canada share responsibility for family law. Some child support guidelines are under federal law, while others are under provincial or territorial laws.

Mediation is becoming the legal equivalent of the next big thing. It probably is all ready. We are long familiar with it as a means of settling labour strikes by resolving union/government disputes peacefully when strikes have failed to bring about an agreement. Now it is becoming the method of choice to settle domestic and civil disputes, with government being the driving force behind its adoption as evidenced by this statement from the newly revised Canada Divorce Act (2019):

Our previous blog (May 2019) examined the issue of separated and divorced parental alienation the attempt by parents to gain their children’s love by turning them against the other parent. Sometimes both parents are guilty of some form of parental alienation, even if mildly, which Judge Brownstone points out, adding that the real victims are the children. (Please see the May 2019 blog for more information). But sometimes the issue is more than an empty accusation of family violence used to alienate the other parent; sometimes

Commercial tenants and their residential counterparts have different needs and accordingly are governed by different legislation. Landlords, whether residential or commercial, have a similar objective, that being a sound investment, part of which is determined by their tenants and the legislation governing them. Potential investors should familiarize themselves with both types of investment and assess how each one fits their personal preferences. Commercial real estate is legislated by the Ontario Commercial Tenancies Act, 1990, whereas residential tenancies in Ontario are governed in accordance with the Residential Tenancies Act, 2006.

Who is most guilty of parental alienation, the custodial parent, usually the mother, or the access parent, usually the father? Answer: In his Globe and Mail essay, Judge Harvey Brownstone writes, We judges often see high conflict-cases where both parents badmouth each other to the children, placing them in conflicts of loyalty. Moreover, such conduct is not the exclusive domain of mothers or fathers; both engage in it.

Yes, it’s the law! Pot addiction or to use more precise language addiction to cannabis can indeed be grounds for divorce. As we adjust to a new aspect of societal order in which using pot is legal, this connection of cannabis to divorce likely comes as something of a revelation, likely not occurring to most Canadians, maybe not even to the politicians who enacted the Cannabis Act, 2018.

In Ontario, what many people casually refer to as a prenup’ is legally termed a marriage contract. Its purpose is to allow either or both of the partners, prior to the marriage, to set aside and protect specific wealth assets that would otherwise be subject to the laws of division of wealth should the marriage fail, as per the laws governing marriage in Ontario and Canada. While almost anything can be excluded, the statute itself specifically lists assets such as inheritances, gifts, items willed by relatives and retirement funds.

Once known as probate fees, the official name is now theEstate Administration Tax Public interest in wills and estates seems to be on the increase. Maybe that’s because we’re still grappling with Ontario’s new legislation which came into effect January 1, 2015 and which is far more stringent and demanding than the law it replaced. Perhaps also because demographically, seniors make up an increasingly larger percentage of the population: with baby boomers reaching an age when they likely want to get their financial affairs in order, perhaps they are now asking for legal clarification.

Renewed Interest in Wills and Estateshttp://www.howardnightingale.com/renewed-interest-in-wills-and-estates/

Bill C-78: Overhauling the Federal Divorce Acthttp://www.howardnightingale.com/bill-c-78-overhauling-the-federal-divorce-act/

Representing yourself in Family Court? Consider Legal Coachinghttp://www.howardnightingale.com/representing-yourself-in-family-court-consider-legal-coaching/

Family Court’s New Child Custody Terminologyhttp://www.howardnightingale.com/family-courts-new-child-custody-terminology/

How 2017 Ontario Legislation Can Affect You in 2018, (part 2)http://www.howardnightingale.com/2017-ontario-legislation-/

The Ontario Wage Increase allowing businesses time to adapt. Some of the criticism is not about dollar amount of the increase, but rather about the rapidity of its schedule, not allowing business time to adjust. Various experts and business leaders have predicted significant job loss in this wage sector, but the government counters with, Studies show that a higher minimum wage results in less employee turnover, which increases business productivity. There are many more, wide-ranging aspects of the legislation, including: