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COVID-19 – SIGNING OF WILLS AND POWERS OF ATTORNEY

Date: 17 Apr, 2020

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 […]

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SEVERING JOINT TENANCY

Date: 14 Jan, 2020

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 […]

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IT’S A GIFT IDIOT

Date: 12 Dec, 2019

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 […]

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BIFURCATION, PLAIN ENGLISH? SETTING ASIDE A DOMESTIC CONTRACT

Date: 12 Dec, 2019

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 […]

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Arbitration – Pros and Cons

Date: 12 Dec, 2019

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 […]

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SUPPORT DEAD OR ALIVE

Date: 12 Dec, 2019

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 […]

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WHAT TO DO IN THE FACE OF A DENIAL OF ACCESS #2

Date: 21 Nov, 2019

Another example of the incredible difficulty of the Court managing access in the face of one or both difficult parents is outlined in the case of Elliott vs. Filipova.  In this Superior Court decision by Justice Abrahams, the relationship between the parents of two children aged 8 and 10 had deteriorated into complete chaos.  The […]

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WHAT TO DO IN THE FACE OF A DENIAL OF ACCESS

Date: 21 Nov, 2019

This author has opined on numerous occasions about situations in which access is not being encouraged and facilitated between separated spouses.  More often than not it leads back to mental health difficulties on the part of at least one of the contestants.  In the decision of Justice Trimble, in Janowski vs. Zebrowski, the judge had […]

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ACCESS DIFFICULTIES – WHEN THE CHILD REFUSES TO SEE A PARENT

Date: 21 Nov, 2019

In an earlier blog, we examined the important decision of the Ontario Court of Appeal in A.M. vs. C.H.  If our readers will recall, a mother ensured that her 14 year old son was alienated from and refused to have a relationship with his father.  Her behaviour was so outrageous that the Court removed the […]

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