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 […]
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DEPENDENT 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 […]
Read MoreFor clients of Dale
For clients of Dale, Streiman Law LLP, in our Real Estate Department, we are faced with issues involving purchases with houses that had been in the past insulated with Urea Formaldehyde Foam Insulation (UFFI). This product installation in houses for insulation purposes was considered dangerous to the homeowner’s health but the installation ended in the […]
Read MoreASSUMPTION OF RISK-IS THE THRILL REALLY WORTH IT?
It was like having the life having sucked out of you. It’s just sliding down a cable. Maybe without a tour group, it’d be kind of fun. Maybe. Stan, South Park, TV: South Park 16.6 I Should Have Never Gone Zip lining When Deanna Loychuk and Danielle Westgeest booked their zip line adventure at Cougar […]
Read MoreCompensatory Spousal Support
Spousal support serves three purposes: To compensate the spouse with the lower income for sacrificing some power to earn income during the marriage To compensate the spouse with the lower income for ongoing care of children To help a spouse who is in financial need if the other spouse has the ability to pay[1] Spousal […]
Read MoreJones v. Tsige, A victory for the advancement of our rights to privacy under the law
Privacy, like eating and breathing is one of life’s basic requirements – Katherine Neville. From an early age, we are taught by our parents, teachers and role models to respect another person’s right to privacy. We expect, in return, to receive that same respect from others. Unfortunately, it has become obvious that some people have […]
Read MoreSurvivors Pension Benefits should not be Ignored Unfair vs Unconscionable
The Ontario Court of Appeal in its December 2012 judgment in Symmons v. Symmons reviewed a Trial decision that involved many complicated and interacting factors. In that case, the parties first lived together for almost 6 years, married in 1999 and separated 10 years later. However, the husband was 13 years older than his now […]
Read MoreFamily Law Unjust Enrichment Joint Venture Property Rights for Common Law vs Married Spouses
Elsewhere I have discussed the different property rights that exist between common-law and formally married spouses. They are not the same and continue to remain very different. Married parties are subject to the property scheme imposed by the Family Law Act. Grossly simplified, each of the spouses walk away from the marriage with an equal […]
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