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A Strategy to Reduce or Elimiminate Probate Fees.

Date: 27 Jun, 2018

HOW TO USE A TRUST TO SAVE THOUSANDS OF DOLLARS IN PROBATE FEES. This strategy is driven by 2 primary goals. To arrange for an orderly estate succession (what happens after you die) and minimize estate administration tax, also known as probate fees. An additional benefit can be a reduction in exposure to potential creditors. […]

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Changes to Divorce Act Proposed – No More Custody

Date: 29 May, 2018

On May 22, 2018 the Federal Government introduced Bill C-78. It’s most important provision is removing the term “Custody” and “Access” from a court order replacing them with “Parenting Orders” in which parenting time and decision making is allocated between the parents. As always, the only factor for the court to take into account is […]

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Hague Convention – Habitual Resident International Custody Disputes

Date: 29 May, 2018

The “Lion” of family law Mr. Philip Epstein publishes a weekly Family Law newsletter. This essential reading is a critical resource for family law lawyers in Canada seeking to keep up to date on the latest judicial developments. Mr. Epstein, in his recent newsletter took the Supreme Court of Canada to task and especially now […]

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Lump Sum Pension – Is It Income Or Property?

Date: 29 May, 2018

Recently Justice Trousdale in the case of Hewett v. Rogers had to struggle with how to treat a lump sum tax free payment of $345,000.00 to a veteran of the Canadian Forces. This money was labelled as a lump sum payment as compensation for all the serious injuries and disabilities Mr. Hewett suffered as a […]

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Internet Defamation

Date: 21 Mar, 2018

A case recently crossed our desks that I simply had to comment on. The Ontario Court of Appeal in the recent case of Rutman v. Rabinowitz set a very high watermark by awarding $700,000.00 in damages for Internet Defamation. The Defendants’ were found to have mounted a lengthy defamatory internet campaign against the plaintiff. Despite […]

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Seeking Retroactive Child Support

Seeking-Retroactive-Child-Support
Date: 01 Mar, 2018

We have discussed this issue elsewhere on this website. Of course, the leading case is the 2008 Supreme Court of Canada decision in B.D. vs. G. The court set out four factors: Is there a reasonable excuse for the delay in bringing the application for retroactive support? What was the conduct of the payor parent? […]

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Support Vs. Costs

Support-Vs.-Costs
Date: 01 Mar, 2018

Seeking a Reduction in Support. Be Very Very Careful One of the penalties of losing a court case are not only the legal fees you will have spent but a strong likelihood that the court will order you to pay a substantial portion of the winning side’s fees. This becomes even more complicated in a […]

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The Tort of Conspiracy

Date: 05 Feb, 2018

In very complicated files, it can sometime pay to seek help from the court by bringing in a civil claim, formally titled the tort of conspiracy. A Tort is a civil wrong such as negligence or breach of contract. One would ask the court in their application that various additional persons are jointly and severally […]

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