As faithful readers of this website will have noted that common law couples who have property claims against each other, must use various equitable claims against the other in the absence of their entitlement to relief under the Family Law Act. While The Family Law Act grants very similar spousal and child support rights to […]
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Selling the Family Home
PLEASE FORGIVE THE SEXIST GENERALIZATIONS- THE PARTITION ACT The husband has moved out leaving the wife and children behind in the matrimonial home. In this era of hyper real estate inflation, the matrimonial home may be the largest asset owned within the family. After the guilt has subsided, what does one do when the husband […]
Read MoreMaher aka Muslim Marriage Contract
We have written previously about the court’s recognition of a Maher, an Islamic Marriage Contract. For a number of years, these have been recognized by the Ontario Courts as being valid and enforceable. However, the courts will look at these contracts like any other, examine their context and contents for their interpretation and application. As […]
Read MoreAnnouncement
The firm of Dale Streiman Law is delighted to congratulate our former partner, Marvin Herry Kurz on his elevation from the Ontario Court of Justice to the Superior Court of Justice. Marvin was a critical part of the long standing law firm of Dale Streiman and Kurz LLP until his initial appointment to the Ontario […]
Read MoreHow Do I Change How Much Support I Pay – Material Change In Circumstances
It is common, as life moves on that either the payor or the recipient’s financial situation changes after an agreement or court order has been made. People become sick, lose their jobs, enjoy significant increases in pay, remarry and the like. The method for effecting a change to an existing agreement or court order, may […]
Read MoreParental Alienation – An Unprecedented Twist
Parental alienation involves the psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. It is characterized as a distinctive and widespread form of psychological abuse and family violence. It occurs almost exclusively in association with family separation or divorce. Most commonly, the primary cause is […]
Read MorePets as Property, Not Children
Few of us can dispute the fact that in many families, our pets are elevated beyond the status of simple property to that of family members. Many of us receive Christmas cards allegedly signed by the family dog. However, when marriages fall apart, the courts are the very last place to look to for any […]
Read MorePower of Attorney – Property
There are two types of Powers of Attorney available under the Substitute Decision Act enacted in 1992. One is a power of attorney over property. The term “Property” can be misleading to the average lay person. “Property” does not refer to simply real estate and a home but rather anything of value that the grantor […]
Read MoreWhat is the Difference between a Temporary Order, a Final Order and a Without Prejudice Order.
A temporary (aka interim order) is one made by the court at a motion. This usually is based upon the judge reading the written evidence given by the parties through affidavits and listening to the arguments made by the parties lawyers. These temporary orders last until they are replaced by a final order of the […]
Read MoreSpousal Support – How Long Will it Last?
There are many factors that are taken into account in determining how long spousal support shall run. In the absence of an agreement and if the court is asked to impose a time limit it looks to many different factors. Those factors include: SSAG ( Spousal Support Advisory Guidelines) Length of relationship (often the duration […]
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