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From the Blog

Latest posts from the Gelman & Associates blog


Common Law Spouses and Claims for Constructive Trust

The 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 …

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Court Finds Severance of Divorce Would Not Result in Disadvantage for Ex-Husband Who Will Lose Health Benefits  

An 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 …

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Agreements to Arbitrate in Family Law

The 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 …

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