What happens if the words in a will seem to contradict statements made by the deceased prior to his or her death? The Ontario Superior Court of Justice examined this issue in a recent case (Royston (Trustees of) v. Alkerton). The Facts The deceased was the mother of five children (Michael, Peter, Laura, Alan, and …
Read MoreIt’s not uncommon for an individual who is obligated to pay spousal support to want to reduce or eliminate that obligation after he or she has entered into a new relationship. This is especially true if financial responsibility for that new, or “second” family arises. Does a Second Family Impact Entitlement or Quantum of Support …
Read MoreIt’s lonely to go through the divorce process, and sometimes people find themselves eager to start dating before everything is final. After all, a divorce can do some serious damage to your self-esteem, and it may sound like a good idea to find someone else to reaffirm your self-worth. However, if you think about the …
Read MoreDivorce is hard on kids of all ages. Common sense tells us that we need to be supportive and extra attentive to our children during periods of change and upheaval in their lives. You know your child best. You know how to comfort them and parent with kindness and compassion, but it may be difficult …
Read MoreIf you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home. Section 24(1)(c) of the Family Law Act, R.S.O. 1990, c. F.3 provides that if one spouse is …
Read MoreIn a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father. Background Facts In 2012, Mr. Mohammad and Ms. Mahmood settled the issue of custody of …
Read MoreSo, school is almost out. My son finishes today at noon. He is one of the many kids counting down the days until he leaves for overnight camp – a countdown that began in September. If you are separated or divorced, here are a few pointers on how to make it easier for your son …
Read MoreCherished fathers will be celebrated and pampered this coming weekend. Hugs, cakes, and coupons for lawn-mowing will rule the day on Sunday, June 19th. But, what about stepfathers? And, what about stepfamilies (or “blended” families) in general? In what way are special days like Father’s Day different for them? Is there a special day just for …
Read MoreWhen you think about divorce, you probably think about all the normal things that you and your soon-to-be-former spouse must split up: time with the kids, money, the house, and the bills. But you also have to decide how to divide your personal property. Whether it’s something as big as an expensive television or as …
Read MoreYou know that when a relationship ends, property gets divided up. But does it always have to be a 50/50 split? Section 5 of Ontario’s Family Law Act (FLA) deals with the equalization of net family properties upon the breakdown of a relationship. The general rule for the division of property is set out in subsection 5(1): …
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