Everybody should have an estate plan namely, a Will and powers of attorney, at least. What happens to your existing plan if you marry or separate/divorce? If you marry, you will (perhaps unwittingly) revoke your Will automatically in Ontario, unless your existing Will specifically says that you made it in contemplation of marriage. Therefore, if you […]
On marriage breakdown (not relationship breakdown), a key area of confusion and uncertainty for many separated spouses is what happens to the matrimonial home. Only married spouses can own or occupy a matrimonial home common law spouses cannot do so (Family Law Act). Matrimonial home is defined by section 18 of Ontario’s Family Law Act:
MARRIAGE BREAKDOWN – WHAT WILL HAPPEN TO OUR HOME? Read More »
In Ontario, grandparents face a challenge when they are denied access to their grandchildren. A new Ontario case Nicholas v. Herdman (2015) is a case in point. This case mostly affirms the traditional approach of the law to grandparents seeking time with their grandchildren. Here, their granddaughter was two years old. The parents would not
DENYING ACCESS TO A GRANDPARENT – AUTONOMY, YES, BUT NOT ARBITRARY Read More »
The case: Letoria v. R (2015) – a decision of the federal Tax Court of Canada By their Family Court Order, made on consent, Mom and Dad agreed to: 1. shared parenting of their child; 2. calculate what each owed to the other for Table child support (based on their respective incomes from all sources);
If a child from Canada is abducted to a foreign country, or is not returned from vacation in or a trip to a foreign country, the left-behind parent in Canada faces a challenging process to have the child returned (but there is a legal process available). Generally, the Hague Convention on Civil Aspects of International
You and your partner separate. What about the RESPs that you have accumulated during the relationship for the children? Commonly parents dispute who may and how to administer RESPs on relationship breakdowns. Often one co-trustee believes he or she should be responsible for the RESPs solely, without the involvement of the other. An RESP is,
CAN I TAKE OVER THE RESPs FOR THE KIDS? Read More »
Spousal support………some basic points to consider: Generally, there are three types of spousal support in Ontario: (1) compensatory; (2) contractual (i.e., pursuant to a domestic contract, or pre-nup, for example; and (3) non-compensatory (the most common type of support ordered by Ontario Family Courts) currently, which is generally thought of as a needs-based type of
You can specify testamentary custody for your child in your last will and testament in Ontario. Under Ontario’s Childrens Law Reform Act (CLRA), if you have custody of a child, you can specify in your Will who you wish to have custody if you pass away, but only for a ninety-day period after your passing.
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