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…

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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…

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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…

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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…

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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…

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