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September 2016 Archives

Challenging and Defending Gifts to Family Members

Some elderly individuals, before they die, may wish to transfer money, real property or other assets to their children, or other relatives, as gifts. However, these kinds of transfers come at a risk. There are often disputes among family members concerning gifts, particularly the argument that the transferor was not of sound mind.

Vehicle flees fatal accident near Tavistock, driver wanted

Motor vehicle accidents can change lives in a matter of moments. Tragically, accidents do happen, but failing to take responsibility for one's actions when an accident occurs is a serious offence. An unidentified driver is now the subject of a police investigation after allegedly causing a fatal accident and then leaving the scene in rural Ontario recently.

Employees on salary are entitled to overtime compensation

The Ontario Court of Appeal ordered in Fresco v. Canadian Imperial Bank of Commerce and Fulawka v. Bank of Nova Scotia that the class actions by staff at CIBC and Scotiabank for unpaid overtime can proceed. Due to the certification, the very threat of a lawsuit prompted other large companies to take notice of their overtime policies and practices.

Midwife named in medical malpractice suit

The birth of a child should be a joyous occasion. Modern medicine and childcare practices have greatly reduced the likelihood of major incidents during childbirth compared to times past, yet there always remains a chance of something going wrong. A recently settled medical malpractice suit in British Columbia brings to a close the story of one such unfortunate incident, and it could have repercussions on similar cases in Ontario.

Cycling accident claims life of migrant worker near Hamilton

Bicycles are an inexpensive form of transportation for many, including those who travel from abroad for work. Unfortunately, when bicycles share the road with motor vehicles, there is always increased risk of an accident. Incidents like these rarely go well for the cyclists. Such was the case on a recent weekend in Flamborough, Ontario.

Under-aged driver charged in fatal accident

There's a saying in popular culture that nothing good happens after 2:00 in the morning. It certainly seems bad news often comes in the middle of the night. That was exactly the case for the families of two Ontario youths this summer after a tragic accident on a quiet highway.

Who is at fault in an accident when no one is driving?

The laws dealing with motor vehicles in Ontario are constantly evolving to keep pace with changes in how vehicles are built. From the creation of the first laws for horseless carriages to statutes covering headlamps, wipers and seat belts, each new enhancement has, over time, ushered in the need for new edicts to govern the use of the advances. When a motor vehicle accident occurs, all applicable facets of the law are scrutinized to determine whether a driver was at fault in some manner. So what happens if there is no driver?