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 […]
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Domestic 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 […]
Read MoreKurz Honoured with lifetime achievement award
Marvin Kurz, long-serving national legal counsel for B’nai Brith Canada and its League for Human Rights, has been honoured with Peel Law Association’s (PLA) Lifetime Achievement Award. “The award is based on a substantial contribution made in the practice of law and in the local community by a member of the PLA,” said Rae White, […]
Read MoreAnti-gay pamphlets broke law
OTTAWA—In an important decision that upheld the main anti-hate provisions in Saskatchewan’s human rights law, Canada’s top court ruled vitriolic anti-gay speech in flyers distributed by a Christian activist is not protected by the Charter. In doing so, the Supreme Court of Canada unanimously struck down a small part of the province’s human rights code […]
Read MoreWills and Power of Attorney
The following summary is for information purposes and very important to all Ontario residents, for Simple Wills and Powers of Attorney for Personal Care/Health and for Property are required in Ontario and if you fail to have such documents prepared, then it is a most costly exercise to have your property and/or estate left and […]
Read MoreHENSON TRUSTS AND WILLS
A Henson Trust is a methodology by which a person making a Will (the testator) makes provisions for a disabled beneficiary, usually a child, without jeopardizing the beneficiaries’ ongoing government assistance. The most common scenario is a disabled child who is receiving monies under the Ontario Disability Support Plan (ODSP). The ODSP program will reduce […]
Read MoreDEPENDENT RELIEF CLAIMS WHAT IF YOUR COMMONLAW SPOUSE LEAVES YOU NOTHING IN HIS/HER WILL
Under the Succession Law Reform Act, a deceased is forced to make adequate provision for their dependents upon their death. Section 58 of the Succession Law Reform Act states: Where a deceased.has not made adequate provision for the proper support of his dependents,the court.may order such (support) as it considers adequate Dependents means the spouse, […]
Read MoreBuying Your First Home
Despite the economic doom and gloom in the rest of the economy, the real estate market in Peel Region is alive and well. Realtors and mortgage professionals report of an upswing in activity. The combination of historically low interest rates and plentiful inventory of quality resale homes at slightly depressed prices has enticed many buyers […]
Read MoreInteresting disputes occur when the wording in Real Estate Agreements of Purchase and Sale for properties are not clear and such wording is ambiguous.
This occurs when chattels and fixtures are either included or excluded. For example there have been legal cases where the wording that built in cupboards, bookcases or other such items were included but in fact were not attached to the premises, did not form the requisite definition of fixtures but were chattels, and if that […]
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