Blogs

Home  »  BLOG
Categories:

A COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 2

dale
Date: 20 Aug, 2021

The Presumption of Resulting Trust Part 2 of 2 MY OBJECTION IS BASED ON A NUMBER OF GROUNDS Clearly there is a moral to this story, which is if you do not want to find yourself swimming in shark infested waters, do your very best to ensure that there is something in writing and indeed […]

Read More

Read More

A COMMERCIAL APPROACH TO THEIR DOMESTIC ARRANGEMENTS PART 1

dale
Date: 20 Aug, 2021

The Presumption of Resulting Trust Part 1 of 2 There are laws floating out there that are the equivalent of silent sharks ready to devour reasonable expectations.  One of those laws is the presumption of resulting trust.  In the recent Ontario Court of Appeal decision in MacIntyre v. Winter, the court permitted the shark to […]

Read More

Read More

The Common Law Reconciliation Rule – An Ancient Relic?

The Common Law Reconciliation Rule – An Ancient Relic?
Date: 06 Aug, 2021

By: Rebecca Rosenberg An established common law principle (law made by judges) dictates that a separation agreement (a legal contract outlining how a couple will settle issues around their separation) becomes void if the parties reconcile. The idea behind this rule is that it doesn’t make sense to enforce an agreement if the very basis […]

Read More

Read More

SCJ should be in Small Claims Court

Date: 21 Jul, 2021

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 […]

Read More

Read More

Stressed About the Mortgage Stress Test…

Stressed About the Mortgage Stress Test
Date: 11 Jun, 2021

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 More

Read More

Parents Beware!

Parents Beware
Date: 04 Jun, 2021

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 More

Read More

PLAY FAIR OR PAY THE PRICE

PLAY FAIR OR PAY THE PRICE
Date: 20 May, 2021

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 More

Read More

EXECUTOR MUST ENSURE HOME INSURER KNOWS OF DEATH

dale
Date: 20 May, 2021

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 More

Read More