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Reducing your Support Retirement as a Material Change Double Dipping Again

Date: 10 Jan, 2018

It is not unusual for one, upon retiring and finding their income correspondingly reduced, coming to the logical conclusion that their spousal support payments be reduced. However as usual in family law, nothing is that straight forward. The Divorce Act pursuant to section 17(1)(a) gives the court the ability to change an existing order either […]

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Whose Lump Sum Tax Rate Do You Use Lump Sum Support

Date: 04 Jan, 2018

Both the Family Law Act and the Divorce Act give the court the ability to make a onetime lump sum spousal support payment. Sometimes especially in high conflict cases, the court or the parties will agree that a lump sum payment rather than periodic monthly payments are the best alternative. Examples of when this is […]

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Real Estate

Date: 03 Jan, 2018

Ontario in the 1990s modernized its system of registering almost all of the land and its ownership within the province. It moved from a very ancient system commonly referred to as the Registry Act System to an electronic/digital system that is part of the Torrens Regime. The Torrens Regime is named after its inventor, Sir […]

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Going to Jail or having your Driver’s Licence Suspended for Non-Payment of Support

Date: 03 Jan, 2018

Child and Spousal Support enforcement is almost the exclusive jurisdiction of a Government Agency called the Family Responsibility Office (“FRO”). The Family Responsibility Office is both a blessing and a curse. It is free, it is imbued with vast powers, including suspending a defaulting payors’driver’s license, seizing their passport and even incarceration. The negative aspect […]

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What if my Will is Lost Wills and Estates

Date: 03 Jan, 2018

At Dale Streiman Law LLP, we offer our clients at no charge the ability to store their original Wills and Powers of Attorney with our office. All clients receive an electronically scanned fully signed copy of the Will, but this is not a replacement for the original Will. Some of our clients take their Wills […]

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Changing your Child’s Surname

Date: 03 Jan, 2018

Your average reader would be surprised to learn that when one parent has sole custody of a child pursuant to either a court order or separation agreement, they have the unilateral ability to simply apply to a provincial government agency (The Registrar General) to change the surname of the child. They do not require the […]

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Joint Venture Common Law Property Claims

Date: 03 Jan, 2018

As faithful readers of this website will have noted that common law couples who have property claims against each other, must use various equitable claims against the other in the absence of their entitlement to relief under the Family Law Act. While The Family Law Act grants very similar spousal and child support rights to […]

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Selling the Family Home

Date: 03 Jan, 2018

PLEASE FORGIVE THE SEXIST GENERALIZATIONS- THE PARTITION ACT The husband has moved out leaving the wife and children behind in the matrimonial home. In this era of hyper real estate inflation, the matrimonial home may be the largest asset owned within the family. After the guilt has subsided, what does one do when the husband […]

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Maher aka Muslim Marriage Contract

Date: 21 Nov, 2017

We have written previously about the court’s recognition of a Maher, an Islamic Marriage Contract. For a number of years, these have been recognized by the Ontario Courts as being valid and enforceable. However, the courts will look at these contracts like any other, examine their context and contents for their interpretation and application. As […]

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