A marriage contract in Canada could mean two things. First, it is a prenuptial agreement which is a contract entered into in contemplation of marriage. Second, it is a postnuptial agreement. This is entered into after the parties have married. In Canada, marriage creates an economic partnership. Any asset acquired during the marriage will be …
Read MoreProcedural Fairness In Divorce In accordance with the law, family courts must administer justice equally and without discrimination. In some cases, however, lawyers and judges still construct recommendations or decisions based on outdated stereotypes. Fortunately, there are judges who support procedural fairness and write decisions that uphold the right to procedural fairness. This is because …
Read MoreFor those who don’t spend their days working in the world of the law, it’s natural to think that appeals of decisions might be the norm. However, appeals aren’t always allowed. Although they can be requested, the courts can reject an application for an appeal. In other cases, such as one case recently heard before …
Read MoreA decision from the Supreme Court of British Columbia has been making headlines after the court held that three members of a polyamorous relationship can be registered as a child’s official parents, giving hope to others people in similar relationships across Canada. What is a polyamorous relationship? A polyamorous relationship is one in which three …
Read MoreOne of the smaller impacts COID-19 has had on family law is the underscoring of how backlogged the courts are with family law cases, and how parties involved in intense bickering and litigation can clog up the courts, preventing other matters from being heard quickly, and eating up both the parties’ resources as well as …
Read MoreOne of the reasons people may incorporate a company is to shield themselves from personal liability should the company be sued or go bankrupt. This protection that shields the owner of a company is known as the “corporate veil.” “Lifting” or “piercing” the corporate veil can be difficult to do, but as we see in …
Read MoreWhile it’s true that most decisions related to custody and access of children involve one of the children’s parents, there are sometimes other parties who may pursue access to a child through the courts despite not being a parent. In some cases, this can be a child’s grandparents. However, success in such a pursuit can …
Read MoreWhen couples decide to separate, it’s not uncommon for there to be hard feelings between the parties. There may even be litigation beyond the outcomes directly associated with the separation or divorce, though stemming from the same set of facts. In a recent decision from the Ontario Superior Court of Justice, the courts were asked …
Read MoreWhen people separate or divorce, it’s not uncommon for one of the parties to look to move away. That’s usually not something that requires discussion. But when children are involved, and one of the parents wants to move, that’s when the courts may have to decide whether such a move is in the best interests …
Read MoreThe stigma around mental health has been slow to change, but change is happening. Mental health issues can be difficult for anyone to deal with, even if they are living in a family not going through separation or divorce. In a recent decision from the Ontario Superior Court of Justice, the court looked at a …
Read More
