The Ontario Court of Appeal recently in the decision of Stevenson vs. Smit, upheld an agreement in which the husband had signed and in which he undertook to pay 50% of all of the children’s lifestyle expenses, such as camp and private school despite the fact that he had minimal income and was just in […]
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CAN MY CHILDREN SPEAK TO THE JUDGE
30 years ago, it was not uncommon for a Judge to ask to speak to the children directly alone in his office. We are of course speaking in the context of an access or custodial fight. This went out of favour and was replaced with the children having either independent lawyers representing them (rare and […]
Read MoreVACATION HOME/COTTAGES/RURAL & COUNTRY PROPERTIES
As senior lawyer practicing in residential real estate since 1971, Elliott Dale has vast experience in purchases and sales but vacation/rural property purchases and sales pose important issues that clients are advised to consider and these are as follows: Country Properties contain septic systems that must be approved by the local health department and there […]
Read MoreMortgage Tips
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 […]
Read MoreImportant 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 […]
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