The answer lies within Rule 20(5) of the Ontario Family Law Rules. It gives the court the ability to order the production of privileged documents, even if there is no consent. In the recent decision of Justice Henderson of the Ontario Superior Court in the case of Raso vs. Di Egidio, he weighed carefully whether […]
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WHAT DO I DO WHEN MY EX-SPOUSE WILL NOT OBEY THE COURT ORDER THAT I HAVE BEEN ABLE TO OBTAIN
The courts are generally very unhappy when its orders are being ignored. However, in the face of an intransigent spouse, it requires a persistent and a skilled hand to force a difficult party to reach a judicially imposed finish line. The court has many tools, not all of them completely effective in motivating a reluctant […]
Read MoreTHE HORRORS OF PARENTAL ALIENATION AND THE SEVERELY LIMITED ABILITY OF THE JUDICIAL SYSTEM TO EFFECT ANY CHANGE
The writer believes that litigious custodial disputes or access fights between separating parents is almost always a function of at least one of the parents having their own psychological issues. When both parents are mature, they should be able to place the children’s interests first and recognize that they both have to play important roles […]
Read MoreDOUBLE DIPPING/DOUBLE DIPPING DOES NOT MEAN PUTTING BOTH OF YOUR FEET INTO COLD WATER
Double dipping is a reference to a future revenue source being shared more than once with your former spouse. The prime example of that is a future pension which is treated as property at the time of separation and is equalized as part of the property settlement. Later once the pension is actually being received, […]
Read MoreCAREFUL WHAT YOU AGREE TO IF YOU ARE TOO GENEROUS, YOU MAY NOT BE ABLE TO GET OUT OF THAT OBLIGATION
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 […]
Read MoreCAN 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 […]
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