Your home may be the biggest investment you’ll ever make. That means you want to be smart with your mortgage. Although we can’t say for sure what mortgage rates will do – or how the housing market will shift – we have compiled our top tips for the year ahead; sensible strategies for today’s homebuyers […]
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Important of Inspections on Real Estate Purchases
As the senior real estate lawyer at Dale Streiman Law LLP, I advise our clients on their purchases to retain a licensed home inspector, both for residential real estate purchases and for commercial real estate purchases. This is important to review the structural integrity of the building, whether there are any discoverable latent or other […]
Read MoreSetting Aside a Domestic Contract: The Best Defense is a Fair Contract
Marriage contracts, separation agreements, and cohabitation agreements are the three main elements that make up domestic contracts in Ontario. This umbrella term covers large sections of family law therefore I have dealt with it multiple times in my previous blogs. Specifically, I have explained what these contracts are[i] and their enforceability[ii]. In this blog post I […]
Read MoreMOBILITY RIGHTS: What if I want to Move with My Child(ren) to Another City or Province?
In family Law, mobility refers to the decision of a parent within whom the child primarily resides, or the parent that has legal custody or even factual custody of the child, to move with the child. The move must be far enough that it will cause interference with the other parent’s rights to contact, access […]
Read MorePaying Your Estate Trustee: Some Important Considerations Regarding Compensation and Tax for Executors
The administration of an estate by a trustee (also called an executor) can be very time consuming and involved. As a result, estate trustees have a statutory right to be paid for their services. The form and amount of compensation can vary widely based on the size of the estate, the time and skill required […]
Read MoreCustody: Sole Custody vs. Joint Custody and the Rise of Parallel Parenting
Custody is basically the decision making power over a child. This decision making power can apply to anything from the books they are reading to the school they attend. Access, on the other hand, deals with the right to be with the child. A custodial parent will gain access to the child through their custody, […]
Read MoreThe Client’s Best Interest: A Lawyer’s Obligation to their Client
Lawyers have an obligation to provide advice that is in the best interests of their client. In providing advice, a lawyer must bring reasonable care, skill and knowledge to the performance of the professional services they undertake. Their conduct must meet the standard of care of a reasonable lawyer viewed in light of the time […]
Read MoreCan an Estate Collect on a Life Insurance Policy if the Named Beneficiary is Disqualified? Or Can a Murderer collect his wife’s life insurance?
A recent case from the Ontario Superior Court of Justice raises some important questions about the interplay between estates law and insurance law. In Papasotiriou v Manufacturer’s Insurance Co[i], the named beneficiary of a life insurance policy could be disqualified on public policy grounds because he was the one responsible for the death of the […]
Read MoreDomestic Contracts: What do they do, when are they used and how effective are they? And The Continuum of Enforceability
Domestic contracts are legally enforceable agreements concerning spousal relationships. The Family Law Act sets out rules for domestic contracts including subject matter and enforceability. There are three basic types of contracts that fall into the domestic contract category. Marriage contracts: An agreement between a married couple or a soon to be married couple (pre-nuptial agreement or pre-marital agreement). […]
Read MoreTraveling with Children
Post-separation, parents often find it difficult to travel alone with their children. These difficulties often lead to expensive last minute court applications and significant stress as parents scramble to make all the last minute arrangements. In extreme cases, there is the threat of parental abduction to either another part of Canada or internationally. This blog […]
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