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Canada continues to call for an end to violence in Sudan and stands with the Sudanese people as they strive for peace. We are deeply concerned for the safety of people in the area, and understand that some Sudanese nationals in Canada may wish to temporarily extend their stay here rather than return home at this time.

Today, the Honorable Sean Fraser, Minister of Immigration, Refugees, and Citizenship, announced the Government of Canada would introduce new immigration measures to support temporary Sudanese residents who are currently in Canada and may be unable to return home due to the rapidly deteriorating situation in their country.

Once these measures are in place, Sudanese nationals can apply for an extension of their status in Canada and move between temporary streams, allowing them to continue studying, working or visiting family free of charge. These measures would help ensure the continued safety of the Sudanese population already in Canada, keep families together, and give them a safe place to stay. Details will be made available in the days ahead.

The situation in Sudan is constantly evolving, and movement within the country continues to be difficult and dangerous, impacting our ability to process new applications at the current time. To facilitate immigration applications for those still in Sudan so they can travel once it’s safe to do so, the Government of Canada will also prioritize the processing of completed temporary and permanent residence applications already in the system from people still in the country. This includes visitor visa applications for eligible immediate family members of Canadian citizens and Canadian permanent residents, so they can join their loved ones here.

Canada will also waive passport and permanent resident travel document fees for citizens and permanent residents of Canada in Sudan who wish to leave.

This builds on the Government of Canada’s work to explore options regarding departure assistance in collaboration with like-minded countries and the international community for as soon as conditions allow. Canadians in Sudan should check travel.gc.ca as often as possible for updates and sign up with the Government of Canada’s Registration of Canadians Abroad service.

 

Locating a Missing Beneficiary

Ascertaining Beneficiaries

-The obligation to “ascertain” beneficiaries generally comes up when a deceased has left part of his or her estate to a category of beneficiaries, such as “any children of mine”, rather than naming specific individuals in a Will. This obligation may also arise when an individual dies intestate (i.e. without a Will) because, again, the estate trustee may have to ascertain everyone that falls into a certain relationship category with the deceased. For example, if the deceased dies without their spouse, children, parents or siblings alive, his or her estate would pass to any nieces or nephews who were then alive. The estate trustee would therefore have an obligation to identify all nephews and nieces of the deceased.

-Once all possible beneficiaries have been identified, the estate trustee then has an obligation to locate these individuals. In some cases, an estate trustee can skip this first step, such as when the deceased has identified all the beneficiaries to his or her estate by name under a Will.

Locating Beneficiaries

-To locate a missing beneficiary, the estate trustee should start by talking to the family and friends of the deceased, to see if they have any further insight into where the missing beneficiary is. If this does not assist the trustee, a next possible step is to advertise for the missing beneficiary in a newspaper local to where the missing individual is believed or known to have resided, and possibly online as well. Depending on the size of the estate, an estate trustee may also consider hiring a private investigator to help locate the missing individual.

What If a Beneficiary Can’t Be Found?

-If an estate trustee still cannot locate a missing beneficiary, he or she can attend court and seek to have the missing individual: 

Declared dead under the Declaration of Death Act, 2002 (if there’s evidence to suggest they died before the deceased); or 

Declared an “absentee” under the Absentees Act (if there’s no knowledge as to whether they are dead or alive).

-Either of these declarations from the court will allow an estate trustee to continue to administer an estate, despite not being able to locate the beneficiary. However, the court will expect the estate trustee to show he or she made reasonable efforts to locate the missing individual. What is “reasonable” is left up to the judge to decide on a case-by-case basis, having regard to the size of the estate and the amount the missing beneficiary is entitled to – https://nelliganlaw.ca/blog/cant-find-missing- beneficiary/



Important Things to Know before Signing a Contract

There are several things’ individuals should know before signing a contract. It’s important to know what rights and obligations the parties have within them. Typically, contracts will list out these components for you and may even provide an avenue for dispute resolution if disagreement ever occurs. However, in certain contract cases the Consumer Protection Act will apply.

“Under the Consumer Protection Act (CPA), you must get a written contract for transactions that cost more than $50 if: you purchase any product or service at home from a door-to-door salesperson, you sign up for a membership (e.g. from a fitness club or buying club), you get a subscription (magazine, music, etc.), you hire a business or individual, like a general contractor or mover or snow removal services. This contract must contain all the details of the purchase and any credit terms you’ve agreed to. Always remember to read and understand the terms and conditions before signing.” (https://www.ontario.ca/page/your-rights-when-signing-or-cancelling-contract)

For contracts that are covered under the CPA there are certain components that must be contained within:

The contract needs to clearly show the terms of the agreement. It is important to go through each term carefully to understand what you’re being charged for or what the expectations are that you need to fulfill. There should be no hidden fees within the contract or surcharges for taxes that do not exist. If your contract allows for a cooling off period (essentially a period of time where you may cancel the contract without penalty) it must clearly state this within the contract.

The final price of the within the contract cannot exceed over 10% of the written estimate provided within the contract. If the other party refuses to comply with the 10% rule you may file a complaint with the Ministry of Public and Business Service Delivery.

As was mentioned above some contracts will have private arbitration clauses to resolve disputes. You are not bound by these clauses, even if you have accepted the agreement. You always have the right to seek legal action.

For any financing agreement within a contract, it must show all financing charges and annual interest rates. The contract should also stipulate how any extra charges would be calculated if you miss any payments.

Any changes in the contract must be provided in a written form, this includes any extensions of the contract. You must also be provided with an option to not accept the changes to the contract.

“Under the CPA, a written notice must include: all proposed changes to be made to the contract, the date on which the change, renewal or extension would become effective, how the consumer must respond to the notice (mail, email, fax, etc.), what would happen if the consumer failed to respond to the notice.” (https://www.ontario.ca/page/your-rights-when-signing- or-cancelling-contract)

With any contract it is important to review it in detail. For any contracts that your unsure of it would be advisable to request legal advice from a lawyer.

 

OCA finds force majeure clause allows for rent-free lease extension over COVID-19 lockdown period

A Niagara LA Fitness’s commercial lease will be extended a year-and-a-half, rent-free, to account for rent due during the COVID-19 lockdown, the Ontario Court of Appeal has found.

In Niagara Falls Shopping Centre Inc. v. LAF Canada Company, 2023 ONCA 159, the appeal court overturned the lower court’s ruling, which denied the lease extension because it amounted to rewriting the contract. Court of Appeal Justices Eileen Gillese, Michael Tulloch and Lois Roberts found that while the rental contract’s force majeure clause did not eliminate the obligation to pay rent during the pandemic, the clause did allow for an extension of time to fulfill that obligation.

“The most important point emerging from this ruling is the importance of the specific wording of a force majeure clause and the lease in which it is found, says Jeffrey Haylock, partner at Polley Faith and counsel for LAF Canada. “The question of whether a particular situation will trigger a force majeure clase and the question of what the effects of the application of a force majeure clause will depend on a careful reading of the contractual provisions in issue.”

Harvin Pitch, a partner at Teplitsky LLP, who acted for the landlord, says his side will appeal the ruling to the Supreme Court of Canada.

“[The decision] sets a precedent that when you’re litigating over the terms of a lease, and there are provisions for some kind of extension, or otherwise. The Court of Appeal has said there is latitude to extend the term and rewrite the lease by extending the term without that being expressly stated in the lease.”

The appeal court’s decision will impact 25-30 other leases held by LA Fitness across Ontario and Alberta and other commercial leases with similar clauses, he says.

LAF Canada owns and operates 31 LA Fitness centres in Ontario and Alberta, and the company signed a retail lease with the previous owner of the Niagara Falls, Ont. shopping plaza. The lease required LAF to pay monthly rent, a share of common area expenses, and an administration fee. LAF’s parent company indemnified the rent obligation, and the original landlord assigned its interest in the lease to the appellant, Niagara Falls Shopping Centre Inc.

Ontario ordered closed all non-essential businesses, including gyms, on March 24, 2020. In May 2020, LAF and the shopping centre entered into a rent deferral agreement, which forgave half the rent and deferred another quarter. When the contract expired, LAF paid rent for the remainder of 2020, though it could only operate at a limited capacity – www.lawtimesnews.com

 

Timing is Everything: Why Separation Date Matters in Family Law Proceedings?

In family law, the separation date refers to the date on which a relationship ends. Although this may seem straightforward, the separation date is vital in the family law context because it is used to determine the length of the marriage and can directly impact issues such as property division, child custody, and child support.

What is the separation date?

The separation date can occur in a variety of ways and may differ between relationships. In some cases, it is the date on which one spouse communicates to the other their intention to separate and live apart, or when one spouse moves out of the matrimonial home. However, the exact date of separation can sometimes be difficult to determine, especially if the couple continues to live together for a period after they have decided to separate.

Why is it important?

The date of separation seems like a trivial issue on the surface but can often result in pointless litigation and legal fees to go along with it.

Take for example Mr. X and Ms. Y who have been married for 3 years. Mr. X entered the marriage with two properties, “Property A” and “Property B”. The couple lived in “Property A” for most of their marriage, and it was designated as the matrimonial home. 

Now imagine they moved to “Property B❞ and lived there prior to separation. According to family law in Ontario, “Property A” loses its designation, and “Property B” is considered the matrimonial home.

Furthermore, imagine if Mr. X made some poor financial decisions and incurred a large amount of debt. The date of separation would determine whether this debt is attributed to the marriage or falls solely on Mr. X.

These are just simple examples, but they illustrate the importance of the separation date and the potential financial consequences for the parties.

How does the court determine separation?

There isn’t a bright-line rule when it comes to determining the separation date. The courts generally take a case-by-case approach, but there are some takeaways. One factor the courts will take into consideration is when the couple ceased to have intimacy in their relationship. This doesn’t necessarily mean “sex”, and can extend to sharing a bedroom, celebrating relationship milestones, etc. Courts may also look at when a couple’s financial affairs, became separate. A simple example would be a couple who shared grocery expenses now shopping separately.

The former examples are more private in comparison to the following which considers the couple’s public persona and how the couple presented themselves to the outside world. This may include when the couple last attended a social event or family gathering, together.

Ultimately, the separation date can become a contentious issue in a divorce proceeding but is a fundamental step in moving the matter forward.

What’s next once we have the separation date?

Once the separation date has been established, it can be used to determine the length of the marriage or relationship for the purpose of property division and spousal support. In some cases, couples may choose to separate informally, without obtaining a legal separation agreement or divorce. This can be a risky decision, as it may leave legal issues unresolved. It is always advisable to seek legal advice before making any decisions related to separation.

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