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Author: Carolyn Hart

  • What Happens if I Die Without a Will?

    If you die without a Will, your remaining family members will need to bring a court application in order to be able to officially act as the Executor and Estate Trustee (called an “Application for Certificate of Appointment of Estate Trustee without a Will”). The
    cost of doing so could easily run into the thousands of dollars if there is any disagreement regarding which family member should act as your estate’s Executor and Trustee.

    When you die without a Will, the Court appointed Executor must distribute your estate according to what are called the “intestacy rules” under the Succession Law Reform Act of Ontario.

    • If you were married but did not have any children, your estate passes to your spouse.

    The key word in the sentence above is “married”. The intestacy rulesdo NOT apply to common law spouses. Therefore, if you are in a common law relationship and want to leave any part of your estate to your common law partner, you MUST set this out in a written Will. If you don’t, your common law spouse will need to bring a claim in court in order to receive any estate assets.

      • If you were married, with children, and your estate is worth less than $200,000 (called the “preferential share”), your estate passes to your spouse.
      • If you were married, with one child, and your estate is worth more than $200,000, anything above $200,000 will be divided in half, with one half passing to your child and the remaining half to your spouse.
      • If you were married, with more than one child, and your estate is worth more than $200,000, anything above $200,000 will be divided into thirds, with one third passing to your spouse and the remaining two thirds to your surviving children, divided equally.
        • If you are not married, but have children, your estate will be divided equally among your children.
        • If you are not married and do not have any children, your estate will be divided equally between your parents. If neither parent is alive, your estate will be divided equally among your siblings. If you do not have any surviving siblings, your estate will pass to your grandparents, then to nieces and nephews, and then to next of kin. Finally, if no next of kin can be located, your estate becomes the property of the Crown.

        Children under the age of 18 cannot inherit property under Ontario law. So if you died without a Will your child’s share of the Estate would be paid into Court until he or she turned 18. It would then be paid out with no restrictions.

      • What Is a Constructive Dismissal?

        A constructive dismissal typically occurs when the employer makes a major unilateral change to an employee’s contract. A contract of employment, whether written or verbal, cannot be changed by the employer or the employee without both parties agreeing to the change. Example of unilateral employer changes that may give rise to a constructive dismissal include a reduction in pay, a reduction in hours, changes in benefits, changes in duties, demotion or relocation.


        It is expected that employers will make some changes to your job over time. The test used by the courts to determine whether there has been a constructive dismissal arising from a change is “would a reasonable person conclude that a key term of employment had been changed”. If the answer to that
        question is yes, the employee is entitled to consider herself to have been dismissed and to claim damages in lieu of reasonable notice.

        It is important to note that an employer can make unilateral changes to an employee’s term of employment, without triggering a constructive dismissal, if the employer gives the employee reasonable notice of the changes.

        An employee must object to a unilateral change to her terms of employment with a short time or the employee may be deemed to have accepted the new term. An employee may object to a change and resign or continue working under protest. Resigning does not prevent an employee from suing for wrongful dismissal. Working under protest may be advisable to satisfy the employee’s duty to mitigate their loss of earnings.


        Employees are encouraged to seek legal advice as soon as they become aware of any major changes to their terms of employment.

        It is an implied term of every employment contract in Ontario that the employer will treat the employee with civility, decency and respect and ensure a healthy work atmosphere. Therefore, constructive dismissal may also occur when an employee experiences humiliating and unfair treatment in the
        workplace. Such treatment could include; bullying, harassment, sexual harassment, discrimination, threats, physical violence and conduct that is intended to force an employee to quit.

        The test used by the courts to determine whether there has been a constructive dismissal arising from humiliating or unfair treatment is “whether the conduct of the employer is such that a reasonable person should not be expected to persevere in the circumstances.” Employees should complain to their employer
        about humiliating or unfair treatment, before claiming constructive dismissal, so that the employer has an opportunity to take corrective measures.

        Employees are encouraged to seek legal advice promptly if they unsure how to complain or if a complaint
        is not taken seriously.

        Finally, if you believe that you have been constructively dismissed, you should be aware that you have two years to file a law suit. The clock starts running when you resign or give notice that you do not accept a change to your job.

      • Welcome to Hart Law

        Seeking legal advice is crucial when navigating complex legal matters to ensure your rights are protected and your interests are represented. Laws and regulations can be intricate and vary depending on the jurisdiction, making it easy to overlook critical details without professional guidance. A qualified lawyer can help you understand your legal obligations, assess risks, and develop effective strategies to resolve disputes or achieve your goals. Whether dealing with contracts, estate planning, workplace issues, or real estate transactions, obtaining legal advice can save time, reduce stress, and prevent costly mistakes in the long run.

        Navigating the legal system can be challenging, but Hart Law is here to provide you with expert guidance and support every step of the way. Our experienced team of attorneys specializes in a wide range of legal areas, including estate planning, employment law, real estate transactions, and human rights issues. We take the time to understand your unique situation and craft tailored solutions to protect your rights and achieve the best possible outcome. Whether you need advice, representation, or assistance with legal documentation, Hart Law is committed to simplifying the process and ensuring your peace of mind.