The Ontario Court of Appeal recently ruled that a Will was valid even though the testator disinherited one of his daughters for what appeared to be racially motivated reasons. In Spence v. BMO Trust Company, the testator, Mr. Spence, had two children, Verolin and Donna. After their parents separated, Verolin lived with her father and Donna …
Read MoreI have been on the internet recently, looking at the number of resources available to family law clients. As with anything on the internet, some are good and some are bad. Some contain accurate information and some do not. Some are a neutral explanation of the law and others are a soapbox. Being an informed …
Read MoreIn a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child. Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child. Major decisions regarding the child’s health, education, and well-being are made together. We explained …
Read MoreThe Ontario Superior Court of Justice recently rendered a decision on a motion in which the father sought an order requiring the couple’s child, Scarlet, to move from Toronto to live in the United Kingdom with him and attend a particular school in Cheltenham, England. Scarlet’s Mom opposed the move. The Facts in Barker v. Barker …
Read MoreA wedding ring, when it is first purchased, is a symbol of love and passion. But what happens when the symbolism behind it is no longer meaningful? Going through a divorce often means getting rid of some of your possessions, but what should you do with your wedding ring? The fact that it is an …
Read MoreBuying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage …
Read MoreIf you’re on the emotional rollercoaster that is divorce, you may feel too distracted to worry about your future financial situation or to prepare for meeting with a lawyer. There are some things, though, that you really shouldn’t leave for the last minute. Understanding your income and debts now puts you in an advantageous position, …
Read MoreIn a recent decision of the Ontario Superior Court of Justice (Noel v. Noel), the Court awarded spousal support to Mr. Noel, finding that he was entitled to this award on both a compensatory and non-compensatory basis. Spousal Support Awards: Divorce Act and Guidance from the Supreme Court of Canada When making an order requiring …
Read MoreThe term “co-parenting” generally refers to a situation where two parents work together to raise a child even though they are divorced, separated or no longer living together. Co-parenting can be very challenging, even when there is little or no acrimony between the parents. Managing a child’s appointments, activities, schooling, health, chores, playdates, etc. under one …
Read MoreWe’ve previously highlighted the importance of drafting a legally binding will in the Wills and Power of Attorney section of our website and in our blog on Mutual Wills. A will gives you control over the distribution of your assets, the ability to select Estate Trustee(s), and the opportunity to address guardianship and inheritance matters with …
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