Another example of the incredible difficulty of the Court managing access in the face of one or both difficult parents is outlined in the case of Elliott vs. Filipova. In this Superior Court decision by Justice Abrahams, the relationship between the parents of two children aged 8 and 10 had deteriorated into complete chaos. The […]
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WHAT TO DO IN THE FACE OF A DENIAL OF ACCESS
This author has opined on numerous occasions about situations in which access is not being encouraged and facilitated between separated spouses. More often than not it leads back to mental health difficulties on the part of at least one of the contestants. In the decision of Justice Trimble, in Janowski vs. Zebrowski, the judge had […]
Read MoreACCESS AND THE COURT IS A BLUNT INSTRUMENT
We have recently posted a number of blog articles of the difficulty of the Court in dealing with access difficulties in the face of a stubborn parent who wishes to sabotage any access between the other parent and child(ren). In the recent very important Ontario Court of Appeal decision of A.M. vs. C.H. the three […]
Read MoreSpousal support is not automatic upon separation
When couples separate and there is a significant disparity between their incomes, it is a knee jerk reaction to assume that the person earning more will have to pay spousal support to the other. This should not be the automatic default and requires a close consideration of the facts of each case. In the decision […]
Read MoreA TAX PRIMER FOR ESTATES
At the outset, we are a law firm and we do not provide tax advice. However, we strongly urge our clients at the earliest possible date to retain the services of a qualified and designated accountant to assist in filing the various tax returns that are necessarily filed as a result of the death of […]
Read MoreBeing In Jail Is Not Necessarily a Defence To Paying Child Support
One would think that being in jail and obviously not working would be a pretty strong argument as to why one should not have to pay child support due to a lack of income. The court often does not abide by that rationale and, in many circumstances will find that one’s misbehaviour leading to incarceration […]
Read MoreAn estate freeze what is it and why should it be done
There is a very common tax-planning method called an estate freeze. The tactic is endorsed by the Canada Revenue Agency — as “garden-variety tax planning,” The following is an example of an estate freeze. Ms. Successful has built a company, now worth $30 million. She expects it will grow significantly in value by the time […]
Read MoreHow to fix a will after death rectification
In rare circumstances, the court can repair a Will improperly drafted by a lawyer. The law can be found in various cases including the Bank of Nova Scotia, the Haugrud 2160NSC 8150 affirmed on appeal, Whittingham v. Crese and Ross v. Caunters. The court has held that it will fix a Will if the lawyer […]
Read MoreTHE LAW ON REMOVING AN EXECUTOR #2
The law is the following: The Superior Court of Justice has inherent jurisdiction to remove trustees. The choice of the estate trustee is not be interfered with lightly. Removing an executor should only occur on the clearest cases and where there is no other realistic alternative. Anyone who has a financial interest in the estate […]
Read MoreRemoving an Executor #3
As we have discussed elsewhere on this website, removing an executor also known as an estate trustee is not easy. In the recent case of Ford Kramer v. Mazman, a decision by Justice Casullo sitting in Newmarket, he outlined and reiterated the law on this point. Two sisters were the sole beneficiaries of their childless […]
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