Presumption of Resulting Trust #2 Palm Tree Justice Gone Wild Just because you are the named Beneficiary of a RIFF or an Insurance Policy, you may not be I refer our readers to an earlier blog article title presumption of resulting trust “When is an Owner of a Bank Account not an Owner?” To briefly […]
Read More Categories:
Presumption of Resulting Trust
When is an Owner of a Bank Account not an Owner? The Supreme Court of Canada in the Precore decision confirmed the equitable rule (i.e. fairness law) called the presumption of resulting trust and applied it to jointly owned bank accounts. Frequently parents will add an adult child as a joint holder of a bank […]
Read MoreBlack Lives do Matter at Dale Streiman Law LLP
People around the world have gathered in solidarity with Black communities to protest police brutality and anti-Black racism, and to stand up for the value of Black lives. Dale Streiman Law LLP stands in solidarity with the Black community. We have made a donation to the Black Solidarity Fund to support charities focused on the […]
Read MoreCOVID-19 – SIGNING OF WILLS AND POWERS OF ATTORNEY
Hopefully readers of this blog years from now will read this document and chuckle in amazement looking upon the subject matter as being a historical anomaly. However as this blog is drafted, we are in the middle of a global pandemic COVID-19 that I shall simply refer to as the plague. The plague has caused […]
Read MoreREMOVAL OF THE JUDGE RECUSAL MOTION- REASONABLE APPREHENSION BIAS
On rare occasions, one can remove the presiding judge if one can show that the judge is displaying bias in the hearing before them or for some other reason is not objective. One should look at the decision of Justice Paull of the Ontario Court of Justice in CAS Oxford v. EMT, a 2019 decision. […]
Read MoreSEVERING JOINT TENANCY
In an earlier blog, we canvassed the difference between joint tenancy and tenants in common. We concluded that blog with the question; what if the intention of one of the owners of the real estate changes their mind, and no longer wishes there to be an automatic right of survivorship. How this is done is […]
Read MoreIT’S A GIFT IDIOT
The Ontario Court of Appeal recently opinioned in the decision of Rados² on parental gifts and loans. See our blog titled “Loans from Parents”. One principle for all to recognize is that when your parents give you money that is not spent upon acquiring a matrimonial home or comingled with your now estranged spouse, simply […]
Read MoreBIFURCATION, PLAIN ENGLISH? SETTING ASIDE A DOMESTIC CONTRACT
The Court of Appeal on a number of occasions as well as Trial Judges at most opportunities speak of the importance of plain language both in the written material presented before it and in their own decisions. However, human beings are loathed to waste the wealth of the English language in which magical words convey […]
Read MoreArbitration – Pros and Cons
A helpful alternative to court may be mediation and/or arbitration. We have canvassed mediation in another blog. Arbitration requires the written agreement of the parties to have their matters decided by an independent third party chosen by the parties themselves. Unlike judges in which one has no influence on their selection, the parties directly chose […]
Read MoreSUPPORT DEAD OR ALIVE
One’s entitlement to support from an estranged spouse or common law partner is governed either by the Divorce Act or the Family Law Act. After death, a dependent that has not been properly looked after by the deceased in their Will may bring an application for dependent relief under the Succession Law Reform Act. In […]
Read More
