Part Two of my article on what estate and trust practitioners should know about family law. http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-2-1.html
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 MoreHappy New Year to everyone. I hope the holidays treated you well and you have survived the deep freeze. I spent a week at a cottage on the shores of beautiful Georgian Bay. I learned a lesson my mother tried to impart for years: Hats keep your head warm. But I digress… There has been …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreThe Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …
Read MoreMany of the clients I see have not yet separated. They are having problems in their relationships and they consult with me to discuss their rights and obligations in the event of a separation. For parents, the issue of the children is front and centre. Parents invariably ask me how and what to tell the …
Read MoreThis was an interesting question that an Ontario court grappled with several years ago, in a decision that made some interesting points. The Ontario Superior Court of Justice was asked to determine the potential legal viability of a wife’s lawsuit against her common-law husband’s mistress, and against the fertility clinic where the mistress was employed, …
Read MoreThere are many issues to consider when deciding whether to marry or move in with a partner. One of them is whether or not you want or need a domestic contract. The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …
Read MoreGriffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown. The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …
Read MoreI was watching a rerun of “Modern Family” the other night. In the episode, Phil learns a neighbour’s wife has left him. Phil tells the viewer that he hopes it is due to an affair or drugs and alcohol, because those he can protect against. Unfortunately for Phil, the neighbour tells him that he has …
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