As a spouse, you are recognized as a dependant. If your husband’s Will fails to make adequate provisions for your support, you may make a claim for dependant support. The determination of the support amount is not simply a mathematical calculation of what you need to survive. The courts also consider the moral obligations of […]
This is an important question for those entering into a meaningful relationship with someone who has a child or children from another partner. In fact, there are many ways that allow someone to act as a parent in a family. One of these is where a person stands in loco parentis to a child. This simply means […]
With summer and vacation time approaching, this is a very good question for all parents, whether they are separated or still together. The Canadian government strongly recommends that person(s) traveling abroad with a Canadian child without the other parent carry a consent letter. The consent is meant to prove if necessary that a Canadian child […]
Like many industries, there have been so many significant changes with the court system. I have not stepped in a court since before March 2020. Everything has since been done virtually using Zoom. All court documents are filed on-line. The judges have found it difficult to process the amount of information received electronically, like the […]
It is often said that children do not get to make the decisions with respect to these sorts of issues. Having said that, certainly, the older a child gets, the more the child’s views will be considered. There are different ways to try and determine a child’s views, including a “views and preferences” report, usually […]
This is a very important question given the health concerns surrounding COVID-19 and the concerns about what’s most precious, your children. The courts have responded to a number of cases that have come before it on this very issue. The court has held that generally “there should be a presumption that existing parenting arrangements and […]
No, you do not have to go to court. In fact, the only thing you need to go to court for is to get a divorce if you wanted a divorce. Otherwise, all other issues, including custody/access, support and property division, can all be resolved out of court. It is in fact preferable that spouses […]
The end of a relationship is very difficult. There are many issues to work through and many decisions to make. Given the range of emotions involved, many separated spouses find it difficult to deal with legal issues and often ask to proceed with divorce as quickly as possible. Canada has no-fault divorce. The only ground […]
I purchased my home 15 years ago. Do I have title insurance and if so, do I need to update it? With the recent uptick in media coverage regarding fraudulent transfers of title and mortgage fraud, our firm has fielded a number of inquiries regarding the efficacy and necessity of title insurance. Below you will […]
With the meteoric rise of TikTok, Instagram, Twitch and other online platforms, defamation and issues that arise from online posts is at an all-time high. According to the Supreme Court of Canada in Grant v. Torstar Corp.,2009 SCC 61, a plaintiff (the person defamed) must satisfy three elements: When all three of these elements are proven, […]
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