Civil Litigation Our former partner, the Honourable Mr. Justice Kurz strikes again Suing in Superior Court when you should be in Small Claims Court is an abuse of process Our former and greatly missed partner, the Honourable Mr. Justice Marvin Kurz of the Ontario Superior Court of Justice continues to make important decisions, which have […]
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Stressed About the Mortgage Stress Test…
By: Rebecca Rosenberg Effective June 1, 2021, the federal government has implemented a higher bar for the mortgage “stress test”. The amended stress test will now be set at either the higher of 5.25 per cent or two full percentage points above the borrower’s current mortgage rate. While the new level is only half a […]
Read MoreParents Beware!
By: Amanda Dale A recently decided case by the Superior Court of Justice in Ontario makes clear that a child does not need to get along with his/her parent in order to receive child support. In the case of Nicholson v. Nicholson, 2021 ONSC 3588, the court decided that an 18-year-old child was entitled to […]
Read MorePLAY FAIR OR PAY THE PRICE
Our firm takes great pride in the accomplishments of a former partner, now the Honourable Justice Mr. Marvin Kurz of the Ontario Superior Court of Justice. Marvin as he will be eternally known to us rendered a decision in the Dowdall case in November 2020. The fact situation was one in which the wife after […]
Read MoreEXECUTOR MUST ENSURE HOME INSURER KNOWS OF DEATH
At the outset of every estate, we warn our client/executors to investigate the home insurance status of the property formerly occupied by the deceased. Sometimes the deceased will have been the last person living in the home and it is now vacant. It is crucial that the executors in writing advise the insurers of the […]
Read MoreTRUST TAX RETURN NOT NEEDED as part of The Full Monty
A common strategy that our firm has been recommending to our clients, is one we call the “Full Monty” which is a comprehensive approach to adding the names of trusted children to the assets of elderly testators. In English, if one is closer to the end of their life, a facet of estate planning may […]
Read MoreREVOLUTIONARY CHANGES IN THE LAWS REGARDING WILLS IN ONTARIO – PART 3 WILLS NO LONGER REVOKED BY MARRIAGE
Amongst the elderly and vulnerable there is a serious problem known as predatory marriages. The common scenario is that an elderly widow or widower marries someone generally much younger while not really understanding what or why they are doing it. The motivation of the predatory spouse is that when the elderly spouse dies, often with […]
Read MoreNEW RULES WITH RESPECT TO SMALL ESTATES
Effective February 12, 2021, the laws with respect to “small” estates have changed dramatically. The law is so new that while it is effective February 12, 2021, it has only recently been enacted. This is part of the Accelerating Access to Justice Act. This is done by amendments to the Rules of Civil Procedure, specifically […]
Read MoreREVOLUTIONARY CHANGES IN THE LAWS REGARDING WILLS IN ONTARIO – PART 2 HOW TO FIX A WILL AFTER DEATH
A number of other Provinces have substantial compliance laws. In other words, a Judge, after the fact and after the maker of the Will – the testator – has passed away, the ability to fix errors in the Will. I am not speaking of the process of rectification that is discussed in another blog. A […]
Read MoreREVOLUTIONARY CHANGES IN THE LAWS REGARDING WILLS IN ONTARIO
As we had touched on in an earlier blog, one of the ramifications of COVID-19 has been to trigger changes to the way courts and laws are applied throughout the Province. One of the areas that are being updated under the Accelerating Access to Justice Act is the laws with respect to Wills. The changes […]
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