6-Year-Old Handcuffed at School – Peel Police Board to Pay $35000 in Damages

Ontario’s Human Right Tribunal has awarded damages of $35,000 to a six-year-old girl after Peel police officers handcuffed her in school.

In a remedy decision announced on December 31, 2020, Tribunal adjudicator Brenda Bowlby noted that this alarming incident was a case of anti-black racism shown to a little girl. She also gave Peel police until mid-February to pay the amount to the girl’s mother in the form of a trust for injury to dignity, feelings and respect and also to help with psychological and counselling fees.

Human rights lawyer near me – Implicit Racial Biases leads to the alarming event

LHSC Sued for $2.5 million by its Ex-CEO for Wrongful Dismissal

Former CEO and President of the London Health Sciences Centre (LHSC), Dr. Paul Woods has filed a lawsuit against the health centre over his wrongful dismissal.

The $2.5 million lawsuit claims that his firing was done in bad faith and is a wrongful dismissal. The LHSC fired Paul Woods in January 2021, stating that he traveled to the United States multiple times during the pandemic last year without securing any official approvals from the firm. Woods countered by mentioning that the Board Chair, Amy Walby, was kept informed about his travels to the US since March 2020.

Wrongful Dismissal Lawyers– Case Facts of Paul Woods Vs. London Health Sciences Centre (LHSC)

Woods made multiple allegations against the LHSC and the manner in which he was fired. The claim seeks damages of $1,00,000 for violating his human rights under sections of the Ontario Human Rights Code and $1 million for general damages in lieu of “loss of reputation.” Additionally, he has claimed $1.4 million laid down as per his employment contract representing pension, salary, and benefits scheduled to expire in January 2023.

LHSC has claimed that Wood’s travel was unauthorized by them. His frequent trips outside Canada affected the morale and confidence of its 15000+ physicians, staff, and the entire community under his leadership.

The LHSC further claimed that they did not have any advance intimation of his travel. Neither did they have any internal process to authorize the personal travels of the CEO of a public hospital. The federal government has recommended people against undertaking non-essential cross border travel to the US as a measure to control the Covid-19’s spread in Canada.

Woods has confirmed traveling to the United States five times after the onset of the pandemic to meet his daughter and fiancé who live there. He also shared that he quarantined himself for 14 days at his home after each visit as mandated by Ontario’s Public Health rules for the pandemic.

In the Statement of Claim against the LHSC, Woods cited his email communication with the Board Chair, Amy Walby that he did give prior intimation of his travels in June, August and October 2020. As per the claim, Susan Nickle, the Chief Counsel and Privacy Officer of LHSC, was also informed about the travels.

Wrongful Dismissal Lawyers- Legal Implications of the Case

Michael Wright, Woods’s lawyer, asserted that Woods was facing “significant hardship,” which was why he made multiple cross-border trips to meet his immediate family in Michigan. Since Woods, a Canadian citizen holding permanent residency in the US did not have any family in London, he had to travel to meet his family staying in the US.

On June 16, Woods discussed his upcoming travel plan with Walby and emailed her about it. Walby appreciated the prior intimation given by Woods and affirmed the need for quarantining post the visit as per LHSC’s work from policy for leaders. Another email communication attached to the claim mentions that on August 5, 2020, he wanted to work remotely and travel to the US as his fiancée, a US citizen, could not come to London due to travel restrictions imposed in her area.

Walby’s email response on August 6 states that while the board should be informed of the travel their approval may not be required.

Released on January 11, 2021, the LHSC media statement confirmed ending Paul Woods’ employment as President and Chief Executive Officer. The Statement of Claim calls this public statement “defamatory and inaccurate” since he was following Walby’s advice where she never gave any indication that board approval may have been required for his travels. Further, the claim mentioned that LHSC had made a deliberate attempt to shift the blame to Woods while excusing itself from possible criticism.

Wrongful Dismissal Lawyers- How We Can Help

If you face any employee relation issues, human rights violations, or need legal counsel, we can help. At Nanda & Associate Lawyers, our skilled wrongful dismissal lawyers will review your specific situation and provide customized solutions for each one of them.

Our Employment Lawyers will utilize their global perspectives with Canadian legal experience to deliver competent and professional advice. Book your no-obligation free initial consultation today and experience the compassionate care we provide to all our clients.


IRCC International Students in Canada – New Policy Changes in 2021

As per a newly released policy, the Canadian federal government is offering another chance to international students to settle down in Canada permanently.

Nanda Law - Supportive-Policy-Changes-Introduced-for-International-Students-by-IRCC

With the COVID-19 raging strongly across the world, the Government of Canada is introduced new policy changes, offering another opportunity that allows international students to get the requisite work experience that’s needed for them to apply for permanent residency in Canada.


IRCC International Students – Policy Changes 2021 Introduced to Work Permit Program

On January 8, 2021, the Minister of Immigration, Refugees and Citizenship Council of Canada (IRCC), the Honourable Marco E. L. Mendicino, announced that international students with a Post Graduate Work Permit (PGWP) would be able to apply for an open work permit. Under this new program, international students who currently hold or held a PGWP in the past can apply subject to certain rules and regulations.

To apply for this open work permit, you will need to be a foreign national in Canada, having an expired or soon-to-expire PGWP. Former international students can remain in Canada for another 18 months while seeking employment and looking to create a new future in this country.

More than 52,000 graduates with expired or soon-to-expire permits are expected to benefit from this new policy change.

IRCC International Student – Who can apply for this open work permit?

In 2019, more than 58,000 graduates successfully applied for and obtained their permanent residency in Canada. By giving an extra prospect offers ircc international students in Canada a great stepping stone to become permanent residents and contribute to the thriving Canadian economy.

International students bring their strong language skills, employment experience and Canadian education that helps them transition to a Canadian life seamlessly. While the current program allows international post-graduate students to work for three years in Canada after they complete their studies, the new policy changes allow them to gain that valuable work experience by securing a work permit.

As per the Immigration department’s estimates, about half of the 61,000 people whose permits were about to expire last year took this route and applied for permanent residency in Canada.

IRCC International Student – How We Can Help

Holding the PGWP allows former international students to get valuable Canadian work experience to move swiftly towards a skilled worker immigration stream. Once they get the PGWP and the coveted work experience, they can make their skilled worker immigration application for the Express Entry, Provincial Nominee Program (PNP), and other similar immigration streams that reward Canadian work experience.

Applications for the work permit are going to be accepted from January 27, 2021. Since the last date for this program is July 27, 2021, it’s vital to apply within this short timeframe.

With newer pathways becoming available for permanent residency, this is an excellent time to apply for your work permit. If you are a former international student wanting to work and live in Canada, we can help you apply under this new program.

Speak to skilled immigration lawyers at Nanda & Associate Lawyers, and we will help you make a successful permanent residency application. Book your free initial consultation today and let our professional immigration lawyers guide you on your new future in Canada.

Estate Planning strategies for Jointly Held Assets – Tenants-in-Common vs. Joint Tenancy

Though Tenants-in-common and Joint Tenancy terms may sound similar, their legal implications can be quite different. Being aware of both terms and their impact on real estate ownership and estate planning strategies is important.

Estate Planning Strategies: Joint Tenancy & Tenants-In-Common

In a joint tenancy, one asset is held by two or more persons. When one joint tenant ties, the asset is automatically transferred to the other joint tenant. The estate of the deceased joint tenant does not hold any rights over the asset in this case. A joint tenancy is also known as the ‘last man standing.’

If an asset is held as tenants-in-common, and an owner dies, their estate is eligible for their share of the asset. Subsequently, this share is distributed as per the terms and conditions laid down in the will or the laws of intestacy if there is no will.

When more than two individuals own any real estate property in Ontario, it is presumed to be tenancy-in-common unless specified otherwise. For a property to be held in joint tenancy, it must be explicitly stated in the asset ownership documents. 

When more than one person holds assets such as financial investments, bank accounts, or motor vehicles, the nature of ownership is legally presumed to be in joint tenancy, unless specified otherwise. This legal principle is applicable to all assets except real estate properties.

Estate Planning Strategies – Legal Implications of Jointly Held Assets 

Though estate plans are personalized for every person, there are a few key elements that need to be reviewed. The majority of people want to make sure that:

  • their real estate properties pass on to their chosen beneficiaries
  • probate fees and income taxes are minimized
  • streamline and simplify the estate’s administrative responsibilities are streamlined and simplified

In a tenants-in-common type of holding, each person owns a certain percentage of the asset. For instance, if a parent and their child own a family house, a mother and a child may have a 50% share each in it. Each share would be an undivided interest in the family house that they hold as tenants-in-common. Each of the two individuals can decide to sell their 50% interest in the real estate or bequeath it to a chosen beneficiary in their will.

If one of them dies, their individual 50% share in the family house form part of deceased person’s estate. Probate fees will apply to it, and it will be distributed as per the terms and conditions laid down in the will or the laws of intestacy if there is no will.

Holding an asset under joint tenancy has significantly different legal implications. Spouses typically use it to hold assets, including but not limited to bank accounts, motor vehicles, real estate, and financial investments. When one spouse dies, the asset is automatically passed on to the surviving spouse without any significant administrative problems. Simply put, a joint tenancy creates the ‘right of survivorship.’

In a joint tenancy, the asset’s share does not form part of any estate, so probate fees are not applicable. Using a joint tenancy type of holding helps pass on the asset to the chosen individual.

Estate Planning Strategies – How to Choose the Nature of Joint Holding?

Do you wish to add your child as a joint tenant in your real estate or other investments? Though joint tenancy is a popular way to hold assets, there are other factors that you should consider before making a decision. Some aspects may arise when you add your child as a joint tenant in your property, including but not limited to:

  • Choosing to transfer any interest in the asset attracts tax liability for the parent as a deemed disposition. (irrespective of the fact if the child has received any actual money or not)
  • When the real property is transferred, the resultant property transfer tax will be applicable
  • Any matrimonial claims or potential creditors of the child may also stake their claim to a share in the property 
  • Making the transfer may lead to a reduction in the principal residence exemption amount that may have been claimed by the new joint owner if they don’t reside in the house
  • A parent will have to share control of the property with their child – they cannot sell or refinance the property without taking the consent and signature of the child on the requisite documentation
  • In cases where the child dies before the parent, the entire purpose of choosing a joint tenancy is defeated
  • There may be a situation where the parent has died and multiple children hold the property title. If a child dies, the surviving spouse will not receive anything from the asset if the asset is not a matrimonial home. Under joint tenancy, the asset will automatically pass on to the surviving siblings of the deceased. However, Section 26 (1) of the Family Law Act states that if a spouse dies owning an interest in a matrimonial home as a joint tenant with a third person and not with the other spouse, the joint tenancy shall be deemed to have been severed immediately before the time of death. This allows the surviving spouse to inherit the interest.
  • It is essential to have the appropriate documentation to prove that the asset was given as a gift to an adult child; otherwise, upon the death of the parent, the assets is deemed to belong to the parent’s estate. In this situation, the sibling who was gifted the asset may need to prove that they own the asset as a beneficial owner. Proper legal documentation with a statement of intention or gift deed is vital to validate the property transfer as a gift.

Setting up a joint tenancy is simple. It is vital to understand the legal implications of every estate planning strategy. Remember to review the possible joint tenancy benefits and outcomes before using it as a tool in your estate planning.

Estate Planning Strategies – How We Can Help

At Nanda & Associate Lawyers, skilled Wills and Estate Lawyers will review your unique situation and provide personalized estate planning strategies.

Schedule a free initial consultation with our Mississauga Wills and Estate Lawyers. Experience the professional and personalized legal guidance we give to clients to help ensure a successful outcomes.

Feel free to interact with our considerate legal team that speaks more than 16 languages fluently, including but not limited to French, English, Italian, Spanish, Hindi, Punjabi, Portuguese, Albanian, Telugu, Kannada, Tamil, Bengali, and more.


Demand for Wills and Estate Lawyers Rises as COVID-19 Spreads Across Canada

The increasing spread of COVID-19 in Canada and especially Ontario, is fuelling a rising demand for Wills. Canadians are rushing to prepare and update their wills as the virus is spreading its wings across Canada. 

Recently a 32- year old TV series producer created her will at the age of 32. Married to an emergency room nurse and four months pregnant with twins, Nadine Parker never imagined that she’d be writing her will so soon. She and her husband are being forced to confront their mortality to keep their future family safe. Even though they were scared and apprehensive, they wrote their wills to be prepared for any eventuality.

With the rapid spread of coronavirus throughout Canada, the demand for wills has seen a sharp rise. Wills and Estate Lawyers across Ontario are reporting significant increases in clients enquiring for wills, requests for preparing attorneys’ power, and questions about virtual witnessing of wills.


Wills and Estate Lawyers – Recent Changes to Virtual Witnessing of Wills Ontario

Given the COVID-19 emergency, the Ontario province has made a few relaxations for virtual witnessing of wills and power of attorney documents. The Ontario Succession Law Reform Act has certain rules and regulations involved in signing Wills in the province of Ontario. Now, a witness or a testator can make their signature on a power of attorney of will using audio-visual technology provided the following conditions prevail:

  • The witnesses and the testator must be able to see, hear and communicate in real-time and;
  • At least one witness should be a licensee as defined under the Law Society Act.

The Substitute Decisions Act, 1992 is in agreement with the Ontario Succession Law Reform Act that requires the presence of two witnesses for a will to be executed by a testator. The legal wording also requires the witnesses to sign the will in the testator’s presence. Before the pandemic, the word ‘presence’ implied ‘physical presence,’ but with evolving technology and new provincial regulations, ‘virtual witnessing of wills’ is growing in Ontario.

With so many people, especially seniors, seeking alternatives for a ‘physical witnessing of wills’ to avoid exposure to the coronavirus, lawyers are also providing them with different options.

Wills and Estate Lawyers – Legal Implications of Virtual Witnessing of Wills Ontario

With the Ontario Government releasing the emergency order on using online video platforms, it removed one of the top barriers in creating and executing Wills.

Even though other Canadian provinces allow for more flexibility, the rules in Ontario continue to be somewhat firm. One of the biggest questions that people are concerned about is how to execute their wills. Creating the wills is getting easier, but executing them in the times of COVID-19 remains a challenge.

The new rule on virtual witnessing of wills in Ontario has been a popular advancement in estate law. It helps people get their wills created and executed even if they are physically distant from their beneficiaries and witnesses.

Making your wills helps you to:

  • Ensure that your assets and real estate properties go to the intended beneficiaries
  • Create a provision for the legal expenses and probate fees
  • Secure your loved one’s future and avoid unnecessary legal hassles
  • Avoid having your wills distributed as per the province’s rules that can vary across different Canadian provinces
  • Make a provision for your children’s and pets (if any) future guardians 
  • Avoid estate administration problems and legal disputes amongst friends and family members
  • Create and assign their power of attorney to a designated person who can initiate medical and other decisions on their behalf if they became immobile, die, or are not able to communicate when unwell (as COVID-19 patients are not allowed to meet visitors and may not be able to express their last wishes)

Making a power of attorney helps you to:

Designate an individual who can initiate medical and other decisions on your behalf if you became mentally or physically incapable of managing your personal care or finances, such as if you become immobile, or are not able to communicate when unwell (as COVID-19 patients are not allowed to meet visitors and may not be able to express their wishes)

Wills and Estate Lawyers – How We Can Help

Making a will is vital today. Skilled wills and estate lawyers will analyze your specific situation and offer personalized estate solutions for you. Schedule a free initial consultation with Nanda & Associate Lawyers to understand the legal implications of creating and executing wills and power of attorneys.

Enjoy professional legal guidance that helps safeguard your rights and interests as well as those of your loved ones. Schedule your free initial consultation with an experienced wills and estate lawyer. We have a compassionate legal team that speaks more than 16 languages, including French, Italian, Spanish, Portuguese, English, Albanian, Punjabi, Hindi, Tamil, Kannada, Telugu, Bengali, and more.