Have a look at the first part of my article on what estate lawyers should know about family law: http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-1-1.html
Read MoreAn Ontario court recently assessed a motion filed by a father seeking to prevent the mother of his children from moving into a different school district. The court declined to make the order, noting that they did not want to restrict the mother’s ability to find affordable housing. What Happened? The parties met in Indonesia …
Read MoreThe Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed. What Happened? The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. At no time did the …
Read MoreAn Ontario court recently ruled on a motion filed by a wife who wanted to sever her claim for divorce from her claims for collateral remedies. The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife’s insurer once they were divorced and wanting all outstanding issues …
Read MoreThe Ontario Superior Court of Justice recently considered the question of when a court may or may not find that an order to arbitrate a family law dispute is enforceable. What Happened? The parties were separated and had been involved in a family law matter since 2014. In August 2016, the parties and their counsel …
Read MoreDivorce does not discriminate. It happens in short marriages (the so-called “starter marriage”), in medium length marriages (8 to 20 years) and in long term marriages (20 plus years) as well. Couples who are very young, middle aged and older can all be affected. When parties in their fifties and older separate, the phenomena has …
Read MoreA recent decision by an appeal court in New York state has denied a sperm donor’s request to have a paternity test in order to be recognized as a child’s legal parent, noting that “biology is not dispositive in a court’s paternity determination.” What Happened? A man in question donated sperm to two lesbian women …
Read MoreIn a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support. What Happened? The parties were married in May 1986 and separated in July 2004, resulting in an 18-year marriage. After separation, the husband was ordered to pay the …
Read MoreCBC News reported this week that a 38-year old Jamaican woman is seeking to stop the adoption of her son by a B.C. family, a case that is raising some interesting legal issues. What Happened? The child at the heart of this legal battle was born in Jamaica and spent the first few years of …
Read MoreAn Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support. What Happened? The parties began cohabiting in …
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