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Ontario ESA “One Week Per Year” Severance Pay Rule Explained

By a Toronto Employment Lawyer (With Example) Many employees in Ontario are told that severance pay is “one week per year of service.” As an employment lawyer in Toronto, we regularly see this phrase misunderstood or misused by employers. Under the Employment Standards Act, 2000 (ESA), “one week per year” usually refers to statutory severance pay, which is different from statutory termination pay (notice or pay in lieu of notice). In many cases, employees may be entitled to more than ESA minimums under common law. This guide…
February 10, 2026 Business Law 0Comment

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Undue Influence in Will Challenges in Ontario: A High Legal Threshold

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is frequently alleged in Ontario will challenges, particularly where a will benefits one family member disproportionately or is made late in life. However, the legal test for undue influence in the context of a will is significantly stricter than in lifetime (inter vivos) transactions. Ontario courts have repeatedly emphasized that there is no presumption of undue influence in wills, and the burden of proof remains squarely on the party attacking the…
February 9, 2026 Family Law 0Comment

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Undue Influence in Estate and Real Estate Transactions in Ontario

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is one of the most common—and most misunderstood—grounds for challenging lifetime gifts and real estate transfers in Ontario estate litigation. It frequently arises where property is transferred shortly before death, particularly within families or caregiving relationships. Ontario courts have made clear that a transfer does not need to be overtly fraudulent or unfair to be set aside. In many cases, the law presumes undue influence based solely on the…
February 8, 2026 Family Law 0Comment

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Am I Entitled to Spousal Support If We Were Never Married?

This is one of the most common — and misunderstood — family law questions in Ontario. Yes, you may be entitled to spousal support even if you were never married. Marriage is not required. What matters is whether your relationship meets Ontario’s legal definition of a “spouse” for spousal support purposes. Below is how Ontario law actually works. Spousal Support Is Not Limited to Married Couples In Ontario, spousal support obligations extend beyond married couples. The law recognizes that financial dependence and economic unfairness…
February 7, 2026 Family Law 0Comment

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Who Gets the House After Separation in Ontario? Your Complete Guide

Few questions cause more anxiety during a separation than “Who gets the house?” In Ontario, the answer depends on marital status, whether the home is a matrimonial home, and whether a court order or agreement is in place. Below is a clear explanation of how Ontario family law treats the family home after separation. The Matrimonial Home: Equal Right to Possession If you are married, Ontario law gives both spouses an equal right to possess the matrimonial home, regardless of: whose name is on…
February 6, 2026 Uncategorized 0Comment

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Z Legal Successfully Defeats Statute-Barred Counter-Application in Major Toronto Estate Litigation Decision

Gibbons v. Gibbons, 2025 ONSC 4192 https://www.canlii.org/en/on/onsc/doc/2025/2025onsc4192/2025onsc4192.html Z Legal Professional Corporation is pleased to share a significant estate litigation victory for our client, Emilia Gibbons, in the Ontario Superior Court of Justice. In Gibbons v. Gibbons, 2025 ONSC 4192, the Court dismissed a counter-application brought by the estate trustees as statute-barred, while allowing our client’s Family Law Act equalization claims to proceed. Martin Zatovkanuk, principal lawyer at Z Legal, acted for Emilia Gibbons throughout this complex estate dispute and successfully…
January 20, 2026 Uncategorized 0Comment

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Common-Law Spouses and Estate Claims in Ontario

Common-Law Spouses and Estate Claims in Ontario Many long-term relationships today do not involve legal marriage. But when one partner passes away, estate rights can become uncertain, particularly for common-law spouses in Ontario. Unlike married spouses, common-law spouses do not automatically receive the same inheritance rights or statutory entitlements. This can come as a shock during an emotionally and financially vulnerable time. This guide explains the current legal landscape in Ontario as of 2026, including what common-law spouses can claim, what…
January 17, 2026 Uncategorized 0Comment

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A practical overview for employees and employers in Ontario (including Toronto and the GTA)

If you have been terminated without cause in Ontario, a key question is often how much notice you should receive (or pay in lieu of notice). In many wrongful dismissal cases, Ontario courts assess common-law reasonable notice using the Bardal factors, originating from Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC). CanLII link (Bardal): https://www.canlii.org/en/on/onsc/doc/1960/1960canlii294/1960canlii294.html This article explains the Bardal factors, how they are used, and why the analysis is always fact-specific. If you need advice about…
January 13, 2026 Uncategorized 0Comment

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How is Duty to Mitigate Dealt with if Damages are Awarded Before the end of the Notice Period?

Ontario courts have confirmed that employees may obtain wrongful dismissal damages, including pay in lieu of reasonable notice, even before the full notice period has expired. This is a critical issue in employment litigation and one that experienced Toronto employment lawyers routinely address. Early Judgment for Wrongful Dismissal Damages Ontario courts recognize that wrongful dismissal damages are generally assessed as of the date of termination, subject only to the employee’s ongoing duty to mitigate: Markoulakis v. SNC-Lavalin Inc., 2015…
January 10, 2026 Uncategorized 0Comment

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Z Legal Secures Complete Defence Victory in Estate Litigation Case

McNeill v. Phillips, 2025 ONSC 5779 October 10, 2025 — Ontario Superior Court of Justice Z Legal Professional Corporation, a Toronto-based estate litigation law firm, successfully defended an estate trustee and surviving spouse in McNeill v. Phillips, 2025 ONSC 5779 (Healey J.), securing a complete dismissal of the claim without leave to amend, the rejection of an injunction freezing estate assets, and a costs award exceeding $10,000. Z Legal acted for Kenneth Phillips, the surviving spouse and estate trustee of…
January 10, 2026 Uncategorized 0Comment

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