Regularly, our firm is asked if we will make a hospital visit or go to a client’s home when they are not well enough to come to our offices. While we are happy to do so, this incurs extra fees. Almost always the lawyer is accompanied by a law clerk as issues of capacity lurk […]
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Do Grandparents Have Automatic Rights to See Their Grandchildren?
According to the Ontario Family Law, a grandparent does not have an automatic right to see a grandchild. It is generally up to the child’s parents to decide whether the child will see a grandparent or other extended family members. Although there have been efforts to make grandparents’ rights a priority for the court, the […]
Read MoreGifts to Children and Family Law Issues, Repayment and Limitation Periods
At Dale Streiman Law LLP, we are asked as lawyers for the purchaser to act on all matters. On financing, when purchasing a home, there are monies lent by a parent to child for the purposes of down payment and closing costs. While often called a “gift” or “loan”, the expectation is that such monies […]
Read MoreNew Home Warranty Act
The following summary is for information purposes and very important to any purchasers of new homes or condominiums in Ontario. Tarion Warranty Corp. is designated by statute under the Ontario New Home Warranties Plan Act to administer consumer protection and has the authority to administer new home warranties for purchasers of properties. It is a […]
Read MoreConstructive Dismissal – Employment Law
The Supreme Court of Canada on March 6th, 2015, clarified the law of of wrongful dismissal in the decision of Potter v. New Brunswick Legal Aid Services Commission. In this case the Board of Directors of the Legal Aid Commission had decided to get rid of its executive director. While Potter was on sick leave, […]
Read MoreWills and Estates – Cancelling a Will for Racism
Justice Cory Gilmore of the Ontario Superior Court recently made a decision overturning a Will that she found had been motivated for racist reasons. In the decision of Spence v. BMO Trust Company, Justice Gilmore found that the testator (person who made the Will) had left nothing to one of his daughters because she had […]
Read MorePurchasers of Condominium Units in Ontario
The lawyer’s role in acting for a purchaser if a resale and not new condominium unit and this process begins with the purchasing retaining the solicitor to act on the client’s behalf, review the offer, either before it is signed, or if signed, review the conditions and if the offer as is usually the case, […]
Read MoreWills and Estates – Estate Administration Tax
Wills and Estates – Estate Administration Tax Estates Administration Act Probate Fees- New Regulations as of January 1st, 2015 On January 1st, 2015, the Provincial Government activated new regulations dealing with the collection of the estate administration tax, also known by its common name as “Probate Fees”. This is roughly the equivalent of the 1.5% […]
Read MoreParent’s Obligation to Pay Support for Children over the Age of 18
The Child Support Guidelines stops being an automatic formula for calculating child support once a child exceeds the age of 18. The obligation to pay support for an adult child can be found in both the Divorce Act and the Family Law Act, but generally requires a child to be attending school on a full […]
Read MoreCan a Parent Relocate with a Child on a Temporary Basis?
An interesting, recent case was brought before the Ontario Court of Justice on the issue of relocation on a temporary basis. In Boudreault v. Charles, 2014 CarswellOnt 7523 (Ont. C.J.), the mother moves to relocate to Montreal with her 3 year old child by way of an interim motion. It is not without doubt that […]
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