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  • Article

    COVID-19 – Executing Your Will And Powers Of Attorney While Social Distancing

    An estate plan prepares you for the "what ifs" in your lifetime. In the midst of the COVID-19 pandemic we realize more than ever the importance of having our proper plans in place.
    CanadaFamily and Matrimonial
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Recent Case Affirms Competitive Bid Price As An Indicator Of Fair Market Value

    Can dissenters in a public M&A deal expect to get a better valuation than a competitive public bid for their shares? While that was the suggestion made by dissenters in 1843208...
    CanadaCorporate/Commercial Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Canadian NBA Player Triumphs In Fraudulent Misrepresentation Suit

    In a recent decision involving the sale of a residential property to well-known Canadian NBA player Shai Gilgeous Alexander, the Ontario Court of Appeal affirmed the test for fraudulent misrepresentation in Ontario...
    CanadaCriminal Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    WSIAT Takes Away An Employee's Right To Sue Her Employer For Chronic Mental Stress In A Case Of Constructive Dismissal

    In a decision issued October 17, 2019, Morningstar v. Hospitality Fallsview Holdings Inc. the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") found that a worker's right to file
    CanadaEmployment and HR
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Pour-Over Clauses In Ontario Estate Planning: Key Risks And Considerations

    The courts in both Ontario and British Columbia have determined that Wills containing a pour-over clause directing assets into a revocable or amendable trust are invalid.
    CanadaFamily and Matrimonial
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Probate Forms And Rule 74 Now Provide Detailed Procedure Regarding Administration Bonds

    As part of the amendments to probate forms effective July 1st, 2022, the Ministry of the Attorney General is also addressing the process for dispensing with, or reducing the amount...
    CanadaFamily and Matrimonial
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    The Slayer Rule: How Murder Impacts Estate Distribution

    It seems obvious that criminals should not profit from their own criminal activity but the ability to prevent such a consequence, whether intended or not, is not always straightforward.
    CanadaFamily and Matrimonial
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Hope Isn't A Strategy: Why Insolvent Companies Must Think Beyond One Creditor

    In a recent decision, the Ontario Court of Appeal clarified how payments made shortly before a company's bankruptcy are to be treated under Canadian bankruptcy law, particularly when one creditor appears to be favoured over others.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Battle Of The Experts And What Is Reasonable Under The Occupiers' Liability Act

    Excited for the start of the year and this new decade.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Inordinate Delays And Prejudice!

    As a result of the pandemic, the Courts placed in abeyance the administrative dismissal of claims not set down for trial within 5 years of the issuance of the statement of claim.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    It Matters Where An Absentee Goes Missing: Monies Paid To Absentees In Quebec May Be Subject To Restitution

    A recent Supreme Court of Canada (the "SCC") decision has greatly impacted the rights of an absentee and their presumption of life in Quebec.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    No Costs For The Defendant, Who Is Successful At Trial

    Nevertheless, despite the success of the Defendant, Whitten J considered whether the Defendant should receive costs and the quantum.
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    What Happens In The Special Committee, Stays There: Ontario Court Upholds Confidentiality Of Special Committee Reports Amid Shareholder Litigation

    A recent decision from the Ontario Superior Court of Justice appears to strengthen the law on privilege over internal corporate investigations, affirming companies' ability to maintain privilege...
    CanadaLitigation, Mediation & Arbitration
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Province Suspends Limitation Periods – Consequences For Construction Liens

    An order was made on March 20, 2020 under the Emergency Management and Civil Protection Act (the "Order") which may provide some relief to those civil litigants running up against limitation periods and other procedural time limits...
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Why Do We Have Deposits?

    When buying real property, purchasers typically submit a deposit with their offer to purchase. The deposit is considered part of the purchase price and is ultimately credited towards the purchase price on closing.
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Why Do We Have Deposits?

    When buying real property, purchasers typically submit a deposit with their offer to purchase. The depositis considered part of the purchase price and is ultimately credited towards the purchase price on closing.
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Why Planning Matters: Considerations For Your Commercial Purchase

    Purchasing commercial property for your business involves considerations that depend on a variety of factors, such as the physical features of the property...
    CanadaReal Estate and Construction
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Condominiums And Electronic By-Laws: Virtual Meetings And Voting

    As the proverb goes, necessity is the mother of invention.
    CanadaCoronavirus (COVID-19)
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Business Succession Planning – Understanding Key Drivers

    It is a fact of life that every business owner must exit their business eventually, whether in retirement or on death.
    CanadaCorporate/Commercial Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Spousal Dependant Support: Rights Of A Surviving Dependant Spouse – Wills & Estates

    As detailed in our previous article, Spousal Election: Rights of a Surviving Spouse, we are not fully at liberty to simply do with our property anything we wish upon death.
    CanadaFamily and Matrimonial
    Pallett Valo LLP
    Pallett Valo LLP

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