Do I need a Living Will

living will Vs Advance Directive

living will Vs Advance DirectiveThe term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of attorney, as well as living wills, are relevant. They become null and void when you die. Your Will, also known as your Last Will and Testament, then becomes the important document to follow. So what is a Living Will? Also known as an “Advance Directive”, this document is an expression of the person’s wishes about health care, and usually addresses the desire to be kept alive, or not, by medical machines, and at what point to stop medical treatment. A Living Will does not need to name someone to carry out one’s wishes in this regard, and it is not an enforceable, binding document.

Power of Attorney for Personal Care is a legal document in which you name a specific person, or persons, to make personal care decisions on your behalf in a broader respect, including decisions about health care and medical treatment, but it can also extend to areas of diet, housing, clothing, hygiene and safety.

You can include your advance directive wishes in this document, if desired, with the added benefit of knowing who will be making those decisions for you if and when the time comes. Alternatively, since you have named someone, or more than one person, that you inherently trust as your attorney(s), you can leave it up to them to make these decisions for you as deemed fit and appropriate at the time required. To conclude, you do not need a Living Will. It is strongly recommended that you instead have a Power of Attorney for Personal Care.

living will Vs Advance Directive

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of

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What is a Will

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if

Read More »

What is a Will?

What is a Will

What is a WillA Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person - called a testator if male, or testatrix if female - stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if male, or executrix if female.  This person may also be called the estate trustee.  More   than one person can be appointed to do this. 

The persons receiving the property are called  beneficiaries.  A Will may also express one’s wishes with respect to custody of minor children,  as well as funeral arrangements, but while these expressions are taken into account, they are not   binding.  There are formal requirements that must be adhered to in order for a Will to be legally   binding.

living will Vs Advance Directive

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of

Read More »
What is a Will

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if

Read More »

Types of Personal Injury

Examples of personal injury

Examples of personal injuryThe list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few. With motor vehicle accidents, there is added complexity in Ontario due to parallel claims that are simultaneously pursued: the potential claim for personal injury against the other driver/owner at fault, and the claim for accident benefits with your own insurer.

There are also bicycle accidents, that may, or may not, involve a car insurance component. Personal injury claims also occur following slip and fall accidents. These can be caused by ice, other slippery surfaces, staircases, uneven ground, holes, hazards, even bad shoes. Trip and fall accidents can be due to e.g. carpets, obstacles, bad sidewalks. Chairs can collapse. Items can fall on your head in a store. Decks can break. Some of the other types of personal injury claims are: civil assault (someone beats the crap out of you, causing serious injury); dog, or other animal, bite claims, product liability claims, e.g. an item you bought explodes and injures you.

Malpractice claims involving the negligence of professionals, including doctors and dentists, are a huge area. Personal injury claims also go far beyond the bodily injuries suffered; they include damages for mental anguish, emotional and psychological upset, and take very much into account the specific subjective impact suffered by each individual as a result of the injury, or injuries, sustained by him, or her.

Examples of personal injury

Types of Personal Injury

The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few.

Read More »
personal injury lawyer definition

What Is A Personal Injury Lawyer?

Well, you have undoubtedly seen the ads! Personal injury lawyers are, by far, the ones who advertise the most. Just have a look at the overwhelming array and number of billboards as you cruise though the USA. The reins have been loosened on Canadian lawyers in recent years, allowing them to advertise their services much

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What Is A Personal Injury Lawyer?

personal injury lawyer definition

personal injury lawyer definitionWell, you have undoubtedly seen the ads! Personal injury lawyers are, by far, the ones who advertise the most. Just have a look at the overwhelming array and number of billboards as you cruise though the USA. The reins have been loosened on Canadian lawyers in recent years, allowing them to advertise their services much more than before. Personal injury lawyers are also the most frequent target for all those lawyer jokes about ambulance chasers, and the like.

Everyone has heard them, and many have repeated them. But when you are involved in a serious car accident, or slipped and fallen on the ice, or in a store, or on the sidewalk, who do you call? People generally have no idea what their rights are in these situations, and are also dealing with medical care and treatment. They may no longer be able to work. Their injuries may be devastating and permanent. It is an extremely upsetting time for them, and their families. In the most tragic circumstances, the injuries can be fatal. Injured persons, as well as their families in certain cases, are entitled to be compensated for pain and suffering caused to them. A personal injury lawyer will ensure that you receive the compensation to which you are entitled. This is no joking matter.

Examples of personal injury

Types of Personal Injury

The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few.

Read More »
personal injury lawyer definition

What Is A Personal Injury Lawyer?

Well, you have undoubtedly seen the ads! Personal injury lawyers are, by far, the ones who advertise the most. Just have a look at the overwhelming array and number of billboards as you cruise though the USA. The reins have been loosened on Canadian lawyers in recent years, allowing them to advertise their services much

Read More »

Legally Separated?

what is Legally Separated

what is Legally SeparatedThis question is often posed: "We aren't living together anymore; are we legally separated?" Well, there is no such thing as being illegally separated! "Living separate and apart" does have certain legal connotations in Canadian law. Interestingly, it is possible, and legally recognized, in certain cases, to be "living separate and apart" under the same roof. It is especially crucial for married spouses to establish the date of separation for at least two important reasons: firstly, the reason for divorce most often relied upon is that the spouses have lived separate and apart for at least one year.

Secondly, the date of separation is also referred to as the "valuation date" necessary to establish as the focal point for property division. While the rights of separating common law spouses are not the same regarding property, division of property is still very much a live issue to resolve, and the date of separation is very relevant and important to determine.

living will Vs Advance Directive

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of

Read More »
What is a Will

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if

Read More »
what is Legally Separated

Legally Separated?

This question is often posed: “We aren’t living together anymore; are we legally separated?” Well, there is no such thing as being illegally separated! “Living separate and apart” does have certain legal connotations in Canadian law. Interestingly, it is possible, and legally recognized, in certain cases, to be “living separate and apart” under the same

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What is a Separation Agreement?

what is Separation Agreement

what is Separation AgreementOften calls are received from people inquiring about getting, or filing for, a "legal separation". There is really no such thing in Canadian law as a legal separation. Instead, what people have heard about is actually called a "Separation Agreement". This is a private contract dealing with all of the important issues between separating married spouses, except a divorce, which requires a court order. It is also the private contract between common law spouses, upon separation, that covers everything, since they do not need a divorce.

The contract must be in writing, and properly witnessed. It sets out each party's rights on issues such as child custody, access, child support, spousal support, and property division. Although it is not legally required that each spouse have a lawyer for a separation agreement, it is strongly advisable that you do, for this simple reason: the courts routinely set aside separation agreements between spouses who did not have independent legal advice provided to them with respect to the contract. In such cases it can far more easily be argued by either party that they did not really understand what they were signing, or that they felt coerced or under duress to do so. Negotiating and finalizing a separation agreement is an extremely important time in your life to retain a lawyer. Do not do this yourself.

living will Vs Advance Directive

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care. The two documents are not the same. Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament? Think of it in these terms: when you are alive, powers of

Read More »
What is a Will

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if

Read More »
Examples of personal injury

Types of Personal Injury

The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few.

Read More »

Is Getting Laid Off Like Being Fired?

Laid off vs fired

Laid off vs firedNo. But most people use the terms interchangeably, without knowing the difference, and that includes employers. In fact, to allegedly soften the blow, some employers even tell their employees that they are being laid off, perhaps thinking that this phrase is less harsh than hearing, as Trump used to say: “you’re fired”. Under Ontario law, a worker can be laid off, without notice, but it is temporary, usually not more than 13 weeks, but sometimes up to 35 weeks.

The rules surrounding layoffs are complicated, but if the layoff goes beyond the permitted temporary period, it becomes a termination of employment, and the employee is entitled to termination pay at that time, and potentially wrongful dismissal damages. If the employer tells the employee he is laid off, but also provides either termination pay, or an offer of more money (severance), with the requirement that the employee sign a release: that employee has not been laid off; his/her employment has been terminated. You just got fired. Don’t sign; get a lawyer.

Examples of personal injury

Types of Personal Injury

The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few.

Read More »
personal injury lawyer definition

What Is A Personal Injury Lawyer?

Well, you have undoubtedly seen the ads! Personal injury lawyers are, by far, the ones who advertise the most. Just have a look at the overwhelming array and number of billboards as you cruise though the USA. The reins have been loosened on Canadian lawyers in recent years, allowing them to advertise their services much

Read More »
Laid off vs fired

Is Getting Laid Off Like Being Fired?

No. But most people use the terms interchangeably, without knowing the difference, and that includes employers. In fact, to allegedly soften the blow, some employers even tell their employees that they are being laid off, perhaps thinking that this phrase is less harsh than hearing, as Trump used to say: “you’re fired”. Under Ontario law,

Read More »

What Is An Employment Lawyer?

Employment law firm Ottawa

Employment law firm OttawaEmployment lawyers fall into two broad categories: those who represent employers, and those who represent employees. If employees in the workplace are members of a union, the lawyers involved on either side practice in the related, but distinct, area of labour law. The rights and obligations of employees and employers in that context will be negotiated and governed pursuant to their collective agreement.

That collective agreement will also stipulate what happens when an employee is fired, or terminated. The most frequent time people look for an employment lawyer, unfortunately, is when they get fired, or terminated from their employment. If you are in a union, contact your union representative. If you are not in a union, the terms of your severance can be negotiated and often significantly improved upon by retaining an employment lawyer.

Laid off vs fired

Is Getting Laid Off Like Being Fired?

No. But most people use the terms interchangeably, without knowing the difference, and that includes employers. In fact, to allegedly soften the blow, some employers even tell their employees that they are being laid off, perhaps thinking that this phrase is less harsh than hearing, as Trump used to say: “you’re fired”. Under Ontario law,

Read More »
Employment law firm Ottawa

What Is An Employment Lawyer?

Employment lawyers fall into two broad categories: those who represent employers, and those who represent employees. If employees in the workplace are members of a union, the lawyers involved on either side practice in the related, but distinct, area of labour law. The rights and obligations of employees and employers in that context will be

Read More »

Types of Civil Litigation Claims

types of civil claims

types of civil claimsAs stated elsewhere, civil litigation involves someone suing someone else for anything. It is the legal process that most people think of when the word “lawsuit” is used. In broad strokes, the majority of civil claims can be broken down into two categories: contract, and tort.

Contract claims flow from the allegation that one party to a contract breached it, and as a result, the claimant, or plaintiff, suffered damages. Think: bad roofer; no show snow plow guy, product supplier who did not deliver; your car is a lemon; your new fridge never worked; your personal trainer or kid’s piano teacher was useless. On a larger scale, you discover defects in your house after purchase, or sadly, you default on your mortgage and the bank initiates power of sale proceedings on your house. You get fired. These are all examples of breach of contract claims.

By contrast, tort claims comprise what are known as “civil wrongs”. These include claims of negligence, and in more extreme cases, if proven: intentional civil wrongs. All torts require proof of fault in order to determine legal responsibility, however, fault is measured differently for the different types of tort, depending on whether they were intentional, or unintentional. All torts usually involve injury of some sort and the most common examples are personal injury claims, medical malpractice, unsafe premises, unsafe products, assault, battery, defamation of character (libel/slander), nuisance, trespass, intentional infliction of mental distress, and intentional interference with business relations.

types of civil claims

Types of Civil Litigation Claims

As stated elsewhere, civil litigation involves someone suing someone else for anything. It is the legal process that most people think of when the word “lawsuit” is used. In broad strokes, the majority of civil claims can be broken down into two categories: contract, and tort. Contract claims flow from the allegation that one party

Read More »
civil lawsuit attorneys

What Is Civil Litigation?

In our legal system, there are only two courts: the criminal court, and the civil court. Most people have a pretty good idea what criminal court is. The police charge a citizen with a crime; the accused person hires a defence lawyer; the crown attorney prosecutes; the judge (or judge and jury) decides if the

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What Is Civil Litigation?

civil lawsuit attorneys

civil lawsuit attorneysIn our legal system, there are only two courts: the criminal court, and the civil court. Most people have a pretty good idea what criminal court is. The police charge a citizen with a crime; the accused person hires a defence lawyer; the crown attorney prosecutes; the judge (or judge and jury) decides if the accused person is guilty, or not, followed by sentencing, or dismissal of the charge. In a nutshell, criminal law involves the state against the person. The result is either a criminal sanction - sentence, (or not).

Everything else that ends up in court, goes to civil court, which, also in a nutshell, involves a person bringing a claim against another person, (or organization), or vice versa.The result is either monetary damages (or not) or an order for specific performance of some sort (or not). Usually the successful party gets an order for legal costs against the other party. (You lost, so you should pay for my lawyer to be here, in addition to your own!). That gets expensive. All of these disputes are collectively known as “civil litigation” and in the vast majority of cases, involve claims for money.

Family Court has evolved from the civil court system to have its own set of rules and forms, but it is still technically under the general umbrella of civil court, given that the nature of the dispute involved is between individuals. Its other major distinguishing point is the jurisdiction it holds to make orders relating to children, including custody, child protection and adoption.

types of civil claims

Types of Civil Litigation Claims

As stated elsewhere, civil litigation involves someone suing someone else for anything. It is the legal process that most people think of when the word “lawsuit” is used. In broad strokes, the majority of civil claims can be broken down into two categories: contract, and tort. Contract claims flow from the allegation that one party

Read More »
civil lawsuit attorneys

What Is Civil Litigation?

In our legal system, there are only two courts: the criminal court, and the civil court. Most people have a pretty good idea what criminal court is. The police charge a citizen with a crime; the accused person hires a defence lawyer; the crown attorney prosecutes; the judge (or judge and jury) decides if the

Read More »