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 […]
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Survivors 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 […]
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 […]
Read MoreCOMMONLAW SPOUSES PROPERTY RIGHT LIMITATION PROBLEMS
We have discussed elsewhere the extremely complicated issue of the rights that commonlaw partners have against the other’s property in the event of a separation. Those rights are very different than those granted under the Family Law Act to married spouses. These commonlaw property rights are generally rights of equity or judge made law. One […]
Read MoreDISOBEYING A COURT ORDER CAN LEAD TO FINES OR EVEN JAIL
The courts, including those having jurisdiction over family law matters are an important representation of the state. When the court makes an Order, it is not one solely between the litigants, but more importantly, is viewed as an Order by the court itself. Failing to obey an Order of the court, can in certain circumstances […]
Read MoreMAHER (or also spelt as Mehr) ISLAMIC MARRIAGE CONTRACT ARE THEY ENFORCEABLE IN ONTARIO
Frequently, Muslims upon marriage will sign an Islamic Marriage Certificate, sometimes also titled a Marriage Contract. These are known as Mehrs. Mehrs will often contain a clause requiring the payment to the bride of a certain amount of money upon demand. These Mehrs will vary in the amount of the payment required but can contain […]
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 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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