Elder abuse targets some of the most vulnerable members of Canadian society. The abuse does not have to be physical; finance abuse is also a very serious threat to seniors. When this is combined with predatory marriage, Canadian seniors face real threats to the personal safety, financial security and the legacy that they intent do […]
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Child Support for Adult Children
Many people may not know that child support obligations can, and often do, continue after the child reaches the age of 18. The concept of an adult child may seem like an oxymoron to some parents. They may think a child over 18 should support themselves financially. Other parents will continue to financially support their […]
Read MoreDeclaring Bankruptcy to Avoid Equalization: Abuse of Process and Annulling Bankruptcy
When a marriage breaks down, spouses often go to extremes to avoid paying the other side. This is especially true when it comes time to dividing the wealth that the family accumulated during the marriage. This process is commonly referred to as equalization or the equalization payment. What it basically entails is the division of […]
Read MorePredatory Marriage, Elder Abuse and the Court’s Power to Fix Wrongs
Elder abuse targets some of the most vulnerable members of Canadian society. The abuse does not have to be physical; finance abuse is also a very serious threat to seniors. When this is combined with predatory marriage, Canadian seniors face real threats to the personal safety, financial security and the legacy that they intent do […]
Read MoreSuccession Planning: Lowering Your Beneficiaries Tax Bill on the Cottage
Succession planning is a field of law that deals with wills, probate and estate planning after a person dies. This field of law is largely governed by the Succession Law Reform Act in Ontario but there are a number of other factors that should be considered. One very important consideration is tax, specifically capital gains […]
Read MoreEstate Trustee, Civil Procedure and Punitive Damages: The Power of the Courts to do More than they Were Asked For
In a previous blog post[1], I discussed the role of estate trustees and the consequences they face when they fail to live up to their fiduciary duty. The estate trustee is responsible for carrying out the last wishes of a person who died. Their fiduciary duty imposes responsibilities to look after the estate in a […]
Read MoreExecutors, Trustees and Breach of Fiduciary Duty: What Happens When an Estate Trustee Ignores Their Responsibilities?
An estate trustee is often called by the more traditional name of executor (male) or executrix (female). Their role is to carry out the terms of the last will and testament of the testator (the person who made the will). Estate trustees can be left with significant responsibilities in relation to the testators estate. Because […]
Read MoreEstate Trustee, Civil Procedure and Punitive Damages: The Power of the Courts to do More than they Were Asked For
In a previous blog post[1], I discussed the role of estate trustees and the consequences they face when they fail to live up to their fiduciary duty. The estate trustee is responsible for carrying out the last wishes of a person who died. Their fiduciary duty imposes responsibilities to look after the estate in a […]
Read MoreApplying to Remove an Estate Trustee: Replacing Executors
There are a number of reasons why a party would want to remove or replace an estate trustee. In this blog post I want to canvas the important elements that the court will look at when an application for a appointment of a new trustee is brought. I will also look at some of the […]
Read MoreIS SMALL CLAIMS COURT AN OPTION IN FAMILY LAW CASES?
The general answer is no. The jurisdiction for dealing with Family Law matters with respect to custody, access and property rights under the Family Law Act, are solely the jurisdiction of the either the Superior Court or the Ontario Court of Justice, Family Court Division. However, common-law couples, when they separate, can use Small Claims […]
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