Author page: martin

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…

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…

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…

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…

If you’ve recently been terminated, forced out of your job, or treated unfairly at work, one of the first questions you may be asking is: “Am I too late to speak to an employment lawyer?” At Z Legal P.C., employment lawyers in Toronto, we regularly hear this concern from employees facing wrongful dismissal, constructive dismissal, or workplace discrimination. The answer depends on limitation periods—strict legal deadlines that apply to employment law claims in Ontario. Missing a limitation period can permanently…

At Z Legal PC, we frequently hear from beneficiaries who are frustrated with executors who go silent, delay distributions, or appear to mismanage the estate. If you’re facing this situation, you’re not alone—and you have legal rights. In Ontario, executors (also known as estate trustees) have clear responsibilities under the law. When they fail to fulfill their duties, beneficiaries can take legal steps to protect their interests and hold executors accountable. Your Rights as a Beneficiary in Ontario In Ontario, beneficiaries have clear…

In Ontario, estate litigation is governed by several critical deadlines that must be adhered to in order to protect legal rights. Missing these deadlines can result in the inability to pursue claims or defend against them. This article outlines the key limitation periods for common estate disputes and how Ontario courts handle delays. Will Challenges The Limitations Act, 2002 establishes a two-year limitation period for most estate-related claims, including actions to challenge the validity of a will. This was confirmed in the case…

Joint bank accounts with a right of survivorship are frequently used for convenience and estate planning. However, they can become contentious in estate disputes, particularly when the intentions behind the account setup are unclear. This article explores the legal principles governing such accounts, focusing on the presumption of resulting trust and how courts determine the intent of the account holder, with a particular emphasis on Canadian law as clarified in the case Pecore v. Pecore. When funds are transferred into a joint…

Estate fraud, particularly involving hidden assets, poses significant challenges for beneficiaries. Understanding how to identify suspicious transactions, trace assets, and utilize legal tools is crucial for protecting your rights. This article explores these issues within the context of Ontario, Canada law. Understanding Estate Fraud and Hidden Assets Estate fraud occurs when someone unlawfully interferes with the distribution of an estate, often by hiding assets or manipulating documents. Hidden assets can include bank accounts, real estate, or personal property that are not…