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Upcoming Changes to the Divorce Act Regarding Custody and Access

Date: 19 Mar, 2021

On March 1, 2021, significant changes to the Divorce Act are finally coming into force after the government deferred the coming into force date. One of the main goals of these legislative changes relates to the best interests of children and promoting the same.  The best interests of the child is the only consideration for […]

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Disclosure in Family Law

Date: 25 Feb, 2021

It is a capital mistake to theorize before one has data. Insensibly, one begins to twist facts to suit theories, instead of theories to suit facts”. Sherlock Holmes While spoken by the famous detective, one finds that proving the validity of claims in family law is no different. Whether you are alleging the misuse of […]

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UNDUE INFLUENCE

Date: 08 Feb, 2021

Another common method of attacking the validity of a Will is an allegation of undue influence.  For a claim of undue influence to be effective, one would need to prove that the intent of the person making the Will had been overwhelmed and replaced by the person exerting the undue influence.  Imagine the scenario of […]

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Estate Administration – Income Taxes

Date: 05 Feb, 2021

I want to first acknowledge that any errors in this blog article are my sole responsibility, but I tip my hat to Ms. Estelle Wieler CPA, CA, CEA (Certified Executor Advisor) of Calvin G Vickery CPA Professional Corporation for her guidance. One of the most important duties of an executor is ensuring that the final […]

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LACK OF TESTAMENTARY CAPACITY – USING IT TO ATTACK A WILL Aka DAD DID NOT KNOW WHAT HE WAS DOING WHEN HE MADE HIS WILL

Date: 05 Feb, 2021

We have commented elsewhere about the traditional methods of attacking a Will.  One of those areas is claiming the will-maker aka the Testator, lacked testamentary capacity.  In simple English, the person writing the Will did not have the mental wherewithal to actually make a Will.  The legal phrase is a lack of testamentary capacity.  There […]

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FIRST LAND TITLES DEALING PROBATE EXEMPTION

Date: 14 Jan, 2021

There is a highly exotic and often overlooked exemption to the necessity of probate in dealing with Real Estate.  It is formally known as the first dealings in land titles exemption.  When the British Government assumed control of what would become the Province of Ontario, it began a relatively rudimentary system of land registration and […]

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PRESUMPTION OF RESULTING TRUST APPLIES TO REAL ESTATE

Date: 06 Nov, 2020

DO NOT ADD YOUR CHILDREN ON TITLE TO YOUR HOME TO AVOID PROBATE In another blog article we discussed the treacherous extension to beneficiary designations of the legal creature known as the presumption of resulting trust. That line of cases is fraught with many difficulties which are explained in that blog article. However in the […]

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NEED TO REVEAL YOUR INCOME – NO TIME LIMIT

Date: 05 Nov, 2020

The Supreme Court of Canada in 2020 released the important decision of Michel v. Graydon. The court held that even after a child was no longer deemed to be a child of the marriage as defined under the Divorce Act, the support that was evaded by the payor failing to reveal his/her income increases, was […]

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HOW TO CANCEL OR REVOKE A WILL

Date: 22 Oct, 2020

The law with respect to Wills is largely set out in The Succession Law Reform Act.  Ontario is a strict compliance jurisdiction, meaning that for a Will and many other steps associated with it to be valid, one must strictly comply with all of the provisions of the law.  This is in contrast with other […]

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