Adam Baker Law Office
40 Main Street A2H1C3 Corner Brook, NL, Canada

Many people make gifts to charity in their Last Wills, for example as a general legacy or as a contingent gift. This is a good thing to do. With tens of thousands of registered charities in Canada, sometimes people are not sure what charity they want to support. A helpful resource is the Canadian Book of Charities, which has kept a running list of major charities for over forty years: https://canadian-charities.com/

Quick tips on registering an extra-provincial company in Newfoundland and Labrador: https://newfoundlaw.com//what-is-extra-provincial-registr/

What is a Commissioner for Oaths? https://newfoundlaw.com//13/what-is-a-commissioner-for-oa/

We're proud to support the Rotary Club of Corner Brook (https://cornerbrookrotary.com/) in it's Annual Fundraising Auction. This year the action is online. Bidding opens 12:00 p.m. on June 3rd!: https://cbrotaryauction.com

Always make sure beneficiary designations are up to date (on life insurance, RRSPs, TFSAs, &c). Here's a recent decision from BC where the longtime partner of a deceased person who was divorced for 28 years at the time of their death ended up in Court because a life-insurance policy purchased in the 1980s still listed the deceased's ex-spouse as the beneficiary. Knowles v LeBlanc, 2021 BCSC 482: https://www.canlii.org///2021/2021bcsc482/2021bcsc482.html

Canadian Bar Association Releases COVID-19 Task Force Report. The pandemic kick-started a modernization of the way the legal profession and the justice system provide services something the CBA has been advocating for a long time. We now need to make sure these changes are sustainable and that they are properly implemented to enhance access to justice. CBA President, and task force Co-Chair, Brad Regehr https://www.cba.org//No-Turning-Back-CBA-Task-Force-Report

We're excited for the City of Corner Brook Reversed Parade today! See you there!

Want your family lawyer to send a searing missive to the other side to set them straight? Want to file an affidavit that reads like an angry diatribe? Be careful to have proof of claims of wrongdoing. "Exaggeration is the Enemy of Credibility": Alsawwah v. Afifi, 2020 ONSC 2883: https://www.canlii.org//2020/2020onsc2883/2020onsc2883.html At paragraph 108:...Continue reading

Why both Crown counsel and defence counsel in criminal matters need to be careful with bail conditions: R. v. Zora, 2020 SCC 14: https://www.canlii.org///doc/2020/2020scc14/2020scc14.html For a good article reviewing the case see Lisa Silver's comments on the University of Calgary Faculty of Law Blawg: https://ablawg.ca//02/adding-zora-to-the-1l-crime-syllabus/

If you're a business-owner, be very careful with the language you use in your estate plan. An Ontario Court allowed a deceased to gift assets held by their company in their Last Will, but it was a close call for the beneficiary. At para. 23: ". . . it would have been preferable had Peter’s will been more explicit in referring to the trustees’ authority to deal with his corporation’s property."... Trezzi v. Trezzi, 2019 ONCA 978 (https://www.canlii.org///2019/2019onca978/2019onca978.html

U mad? Communication apps or tools are more frequently being imposed by Courts on separated parents whose communication is poor. See a recent Ontario decision, 2020 ONSC 2531, at 34: "It is also incumbent on the parties to take all reasonable steps to improve their ability to communicate about [their son]. He deserves better than texting between his parents. That medium has not served him well to date. Among other drawbacks, texts are rife with potential for misunderstand...ing, for being socially disruptive, and for creating expectations of an immediate response, be it in the mind of the sender or the receiver. For this reason, all future communications between the parties regarding [their son] shall be in writing, via email, using the parenting application known as Our Family Wizard. The parties shall use the version that includes the tone meter." https://www.canlii.org//2020/2020onsc2531/2020onsc2531.html See more

We were delighted to be included in the conversation by Ann Macaulay at @CBAnatmag on Solo set-up https://nationalmagazine.ca//small-and-so/2020/solo-set-up

'Junior is leaving his wife so let's make sure that we help him make sure she gets nothing?' Leitch v. Novac, 2020 ONCA 257: Interesting case from the Ontario Court of Appeal confirming that there is no bar to including a claim for relief under the tort of conspiracy in connection with a divorce action. Per Hourigan J.A.:... [44] As the Supreme Court suggested in Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920, at para. 34, nondisclosure is the cancer of family law. . . . [45] There is a related malady that often works hand-in-hand with nondisclosure to deny justice in family law proceedings. The problem is what I will call invisible litigants. These are family members or friends of a family law litigant who insert themselves into the litigation process. They go beyond providing emotional support during a difficult time to become active participants in the litigation. Usually their intentions are good, and their interference makes no difference in the ultimate result. However, sometimes they introduce or reinforce a win-at-all-costs litigation mentality. These invisible litigants are willing to break both the spirit and letter of the family law legislation to achieve their desired result, including by facilitating the deliberate hiding of assets or income. [46] If we were to accept the analysis of the motion judge, co-conspirators who engage in such behaviour could do so with impunity. Contrary to the observation of the motion judge, conspiracy is not a blunt instrument to respond to this misconduct. It is a valuable tool in the judicial toolbox to ensure fairness in the process and achieve justice. If the tort of conspiracy is not available, then co-conspirators have no skin in the game. Their participation in hiding income or assets is a no-risk proposition. If their conduct is exposed, all that happens is that the payor will be forced to pay what is appropriately owing. If there is to be deterrence, there must be consequences for co-conspirators who are prepared to facilitate nondisclosure. [47] There is a further practical reason for permitting the use of the tort of conspiracy in family law claims. Where income or assets have been hidden with the assistance of a co-conspirator, often the family law litigant will be effectively judgment-proof. That, after all, is the whole purpose of the conspiracy. In those circumstances, the imputation of income or the inclusion of hidden assets into the net family property calculation will be a futile exercise, as the recipient cannot collect on what is owing. A judgment against a co-conspirator will often be the only means by which a recipient will be able to satisfy a judgment. https://www.canlii.org///2020/2020onca257/2020onca257.html

A quick article about shared custody during a pandemic: https://www.nationalmagazine.ca//what-about-children-in-sh