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 […]
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Paying 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 […]
Read MoreCan an Estate Collect on a Life Insurance Policy if the Named Beneficiary is Disqualified? Or Can a Murderer collect his wife’s life insurance?
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 […]
Read MoreDomestic 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 […]
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