The law is influx on this point. The author would not be surprised if within a year that the courts’ views will shift again. The courts continue to throw a substantive resources at a problem that defies solution, namely the alienation between child and parent following separation. When the whole of a family is torn […]
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Capital Reserve and its effect on determining Income for Support Purposes
A capital reserve can be described as a portion of a businesses’ capital/income that is needed to sustain the business itself and is not available for the purpose of funding support. This is touched upon in both Section 12 and Section 18 of the Child Support Guidelines. As readers of this blog are aware, the […]
Read MoreA Strategy to Reduce or Eliminate Probate Fees – Full Monty
HOW TO USE A TRUST TO SAVE THOUSANDS OF DOLLARS IN PROBATE FEES. This strategy is driven by 2 primary goals. We call this strategy the Full Monty. 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 […]
Read MoreChanges to Divorce Act Proposed – No More Custody
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 […]
Read MoreHague Convention – Habitual Resident International Custody Disputes
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 […]
Read MoreLump Sum Pension – Is It Income Or Property?
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 […]
Read MoreInternet Defamation
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 […]
Read MoreValuing an Asset A Financial Planner or Insurance Agent’s book of Business
We have represented on a number of occasions spouses who either are financial planners or are separating from one. Financial planners are undergoing a seismic consolidationshift in their industry. Financial planners overseeing a set of assets of even thirty milliondollars may find themselves as being deemed to be too small to be worth the trouble […]
Read MoreSeeking Retroactive Child Support
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? […]
Read MoreSupport Vs. Costs
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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