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Property right in a common law relationship

Determining relationship status for Spousal Support (Case Law Update)

The recent decision in Climans v Latner (2019 ONSC 1311) looks at whether a couple are deemed to be in a conjugal relationship for the purpose of awarding spousal support. In Climans v Latner, Ms. Climans sought spousal support from Mr. Latner. The parties started their relationship in 2001 and separated in 2015 after being together for 14 years. The

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Judge holding gavel in courtroom

Factors Affecting Costs Awards (Case Law Update)

The recent decision of Beaver v Hill, 2018 ONCA 840, revisited the factors that affect the amount of costs that a court will order when a party is successful in family law. The Family Law Rules set out the appropriate considerations for judges when they are determining the amount to award in costs. These considerations include: (a) the reasonableness and

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What is a Lawyer's Role in a Divorce Family Law Case

What is a Lawyer’s Role in a Divorce/Family Law Case?

Expert Advice  An experienced lawyer can assist an individual in making sure they get everything that they entitled to during a separation. Provincial laws don’t necessarily always promote an even split and there are circumstances where support may continue well into retirement for example. If your relationship is at an end, a lawyer can be a priceless asset. For instance,

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woman signing marriage divorce papers

Interpretation of Marriage / Cohabitation Contracts (CASELAW Update)

Marriage/cohabitation agreements are frequently used to set out the distribution of property or assets between spouses. These agreements provide a framework for which the parties, and the court, if necessary, can use to determine the intention of the parties with respect to their property. In a recent case entitled Kilitzoglou v Cure, 2018 ONCA 891, the Ontario Court of Appeal

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Lawyer predict outcome of divorce

Will my lawyer be able to predict the outcome of my divorce case?

We all like a little bit of reassurance. So if you ever find yourself up against the uncertainty of a divorce case, it’s very reasonable to ask your family lawyer how they expect it’s all going to turn out, based on what they have experienced. But how much credibility can we put into their response? Is it possible to accurately

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CASELAW UPDATE: How enforceable is my Arbitration Agreement?

Are you wondering how your arbitration agreement will hold up in Court? In Horowitz v Nightingale 2017 ONSC 2168, after ending their 16 year marriage, Mr. and Ms. Horowitz entered into negotiations which resulted in a written agreement between them called a “consent” or “minutes of settlement”. In their written agreement, the Horowitzs agreed and decided upon issues of custody,

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Collaborative family law can keep divorce cases out of court

According to Statistics Canada, approximately four out of 10 marriages in Canada will end in divorce. By the time a couple has made the difficult decision to dissolve their marriage, they may not have the cordial disposition to come to an agreement about anything. However, many couples have been able to come together and create a divorce agreement that is

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When can a civil case lead to criminal charges

While family matters primarily fall under the jurisdiction of civil law, there are instances where a case can unexpectedly take a criminal turn. In this article, we’ll explore the circumstances under which a civil case may lead to criminal charges and shed light on the complexities that families may face. Understanding the Distinction Between Civil and Criminal Cases Family law

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Child Support Regulations book. Law, rules and regulations concept.

Your Complete Guide to Child Support Laws In Ontario

Originally Published: January 2021 Updated: July 2023 This is your complete guide to child support laws in Ontario. It covers everything from the basics of calculating child support payments to determining tax designation for child support. There are many details that go into child support laws. They are in place to maintain the wellbeing of children. To keep with the

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What is Collaborative Family Law?

Divorce and separation can be stressful for families, however, your divorce does not need to cause family conflict. Whether you have children you want to protect or just want to come out of a divorce without confrontation, you may be wondering what options you have. If this is the case collaborative family law may be the answer. So, what is

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Landlord-Tenant Disputes: How a Lawyer Can Help

Residential landlord-tenant disputes can be complicated and lengthy. When it comes to renting in Ontario, it is important for both parties to understand their rights and responsibilities. It is beneficial in having an experienced lawyer able to advise and represent you in matters concerning residential tenancies. An experienced landlord-tenant dispute lawyer can assist you in dealing with illegal acts, eviction,

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Do you need a Lawyer for Family Court?

Family courts in Ontario hear a variety of disputes all of which can be emotionally and psychologically stressful. Cases are complex and can place a large burden on individuals disputing something in family court. In addition, the decisions made in family court can affect your financial future and the well-being of your family. To prevent additional stresses that come with

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How does common law spousal support work in Ontario?

In Ontario, the process for common-law partners to achieve spousal support upon a separation can be stressful and complicated. Common law partners do have rights when it comes to spousal support but the process of proving eligibility can be complicated. Here we outline what relationships are considered common-law and the eligibility criteria for spousal support. However, reaching out to an

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Why Do You Need A Divorce Lawyer?

If you are considering a divorce, you may be wondering whether or not you need a lawyer. The answer to this question depends on the specific circumstances of your situation. In general, however, it is always a good idea to consult with an experienced divorce lawyer to discuss your options and make sure that your rights are protected. Here are

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Is Divorce Law Federal or Provincial?

We often get asked whether divorce law is federal or provincial. The answer may surprise you – it’s actually both! While the Divorce Act is a federal law, each province and territory also has its own laws surrounding divorce. Here’s a quick overview of how divorce law works in Canada. The divorce process in Canada is governed by both federal

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Sad girl embracing dog, parents fighting in the background

Pets During Divorce and Separation Cases

According to Bloomberg, there were an estimated three million new pets who joined Canadian homes over the pandemic. As much as we love our pets, you may be currently faced with the unfortunate circumstance of deciding who gets your furry friend during a divorce.  Read below to learn about pet custody laws in Ontario. Who Gets My Dog if My

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Little Girl Crying While Parent Are Fighting

Local Judge Ruling Awards $150K in Family Violence Case

Trigger Warning: This case refers to sexual assault and psychological/emotional manipulation.  Background Information After the couple moved to Canada in 2002, the man “preyed” on his wife’s vulnerability as a racialized newcomer; assaulted and demeaned her, leaving her with lasting mental health disabilities; controlled their bank accounts; and left her and their children with no access to money when he

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Luggage tag for the plane, syringes and a card with the words Omicron, Travel Alert, The concept of stopping flights from Africa due to a new virus mutation

Surge in Omicron Cases Halts Travel Plans for Separated Parents

Issues related to the Omicron variant are already making their way into Canada’s family courts, where a judge last week blocked a separated father from taking his daughter overseas for Christmas, arguing that potential exposure to the surging variant was not in the child’s best interest. In a Dec. 14 hearing before Justice Melanie Kraft of Ontario’s Superior Court of

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iling to disclose financial information

Failing to Disclose Financial Information is the Core Issue of Family Law

In a recent court case, an Ontario woman claims her husband said his net worth was zero, while he told the bank it was $21 million. For separated spouses, being open and truthful when speaking about financial information is a fundamental step when working towards the resolution of financial issues arising from separation. In Ontario, and other provinces across the

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Division of property and children among parents in case of divorce. Parental conflict resolution, custody of children. Justice, protection of child rights. Choose which parent to live with

Division Of Property Assets: Family Law Act

In most circumstances division of family assets in a divorce is split evenly between both parties, but there are some case scenarios that this might not be the case.  We have outlined what a spouse is entitled to in a divorce and how division is handled in Ontario.  Quick Division of Asset Overview: How Children Play a Role If you

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family law act and divorce act in Ontario

Difference Between Divorce Act and Family Law Act in Ontario

Although the two terms are often used interchangeably, Family Law is an umbrella term covering a broad range of legal topics that stem from family relationships. This includes spousal (i.e. marital and common-law) support, parent-child relationships and even family dependents relief applications.  What Is The Family Law Act? The Family Law Act is a statute passed by the Legislature of

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Divorce and Separation

Divorce Lawyers Oshawa

Oshawa divorce lawyers While divorce can often seem like a difficult and emotionally ridden process, the Oshawa Divorce Lawyers at Epstein & Associates will make your divorce proceeding as peaceful, efficient, and as easy-to-understand as possible. Epstein & Associates offers empathetic and non-judgmental legal advice and representation, putting you at ease with finalizing your divorce. The Oshawa Divorce Lawyers at

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civil suit and criminal law cases

Civil Litigation vs. Criminal Cases: Similarities & Differences

A criminal trial is very different from a civil case. Here are some key differences and similarities between the two.  We have outlined the similarities of the criminal vs. civil justice systems in Canada and the specifications you should look out for when deciding how you would like to proceed in your legal matters.  What Is A Civil Suit?  A

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civil litigation suits

Key Differences Between The U.S. and Canada In Civil Litigation Cases

As Canadians, we often find ourselves being compared to the U.S in multiple areas of our lives. While things like recreational activities and sports might be a simple “who’s better” situation, our legal systems are very different.  We have decided to highlight the key differences between American and Canadian law, specifically for cases involving civil litigation.  Canadian Jury Trials  Although

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Gavel, divorce law books and wedding rings

Your Complete Guide to Divorce Law In Ontario

When it comes to divorce there are many ins and outs, government rules and regulations, as well as, overall procedures that are a part of the process. We have put together a quick guide of how Divorce works in Ontario. The goal of the guide is to address the basics of divorce law in Ontario and how it may be

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Divorce and dividing a property concept. Man and woman are signing divorce agreement.

Division Of Assets in a Divorce Case

At Epstein and Associates, we know that during a divorce case, one of the main concerns will be protecting your assets. Our goal is to ensure that you leave the marriage in the best possible financial position. Since our firm focus is divorce and family law, we are here to help you accomplish your goals.  According to the divorce and

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family lawyer roles

What is the Role of a Family Lawyer?

A family lawyer can assist in any legal issues between members of the same family. They represent clients in court for cases involving divorce, guardianship, adoption, domestic violence or almost anything else related to family law. What Does a Family Lawyer Help With? A family lawyer can advise a range of clients, including vulnerable individuals such as children and the

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Divorce lawyer needed

Top 10 Questions to Ask Lawyer About Divorce and Custody

We will address the top ten questions that come across your mind, but we have put together a list of a couple of questions that might be beneficial to you in your first divorce and custody meeting. 5 Very Important Questions to Ask Lawyer About Divorce and Custody What Are The Guidelines Regarding Communication With My Spouse? Whether the separation

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family law mediator

What is Mediation in Family Law?

Family mediation is very beneficial in legal situations involving parenting, support and property division whether in a separation or divorce matter.   What is Family Mediation? Family mediation works in helping resolve possible issues relating to all aspects of family law. A certified mediator helps facilitate discussions around issues and helps find a resolution in a controlled manner. Mediation may

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Child Sitting With Her Parents

Do You Need to Hire a Lawyer in Order to Get Child Support?

If you are in the midst of a child support case it is beneficial to hire a lawyer to assist with court proceedings and provide an overall knowledge of family law. There can be a lot of information from online sources, but it is best to hire a lawyer to make sure your interests are protected and you are properly

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Women holding paperwork

How To Prepare For Your First Meeting With A Divorce Lawyer

The first meeting with a divorce lawyer is to get more information about you, your family and soon to be ex-spouse. It can also be used as a touchpoint to see if your case will result in a lawyer representing you in a court proceeding, or if there is a greater likelihood of an out of court settlement. Basic Contact

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Why it is Important for Your Business to Have a Lawyer

Why it is Important for Your Business to Have a Lawyer

It takes a lot of work to own and run a business. With so much time dedicated to managing day-to-day activities and communicating with clients, having a solid plan in place for defending yourself against legal action is often the last thing you have time to worry about.  However, it’s important to note that there is a multitude of different

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Civil Litigation

Richmond Hill Civil Litigation Lawyers

Civil Litigation Lawyers in Richmond Hill Whether you need assistance filing a claim or defending yourself against one, the civil litigation team at Epstein & Associates in Richmond Hill can help guide you through the process with great ease. Our civil litigation team is well-experienced with litigating highly complicated cases. With a wide range of strategies and approaches at our

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6 Questions You Need To Ask Your Divorce Lawyer

You may have spotted the signs of divorce in your marriage and need to get some help. Divorce and separation can be a tough emotional time. The process of divorce can make things even more difficult. There’s paperwork, the division of property, court proceedings, as well as custody issues to manage. A family lawyer may be your best bet to

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What to expect in a court case for divorce

What can I expect in a court case when getting a divorce?

The ending of a marriage can be frightening enough, let alone having to appear in front of a judge when there’s so much at stake. In Ontario, when a marriage breaks down, the court may grant a divorce. Only a court can grant a divorce, and this may involve attending ‘conferences’, the first of which is typically a Case Conference.

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A lawyer helping a business with contracts and agreements

How can a Lawyer help when you start a new business?

When you make the decision to start your own business you’re going to need help from some professionals to get everything going and along the way. You’ll probably know by now that you need to work with an accountant to make sure your business’s finances are under control. But some may try to avoid hiring a Lawyer to help you

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Lawyer helping collect unpaid invoices

How a lawyer can help your company collect unpaid invoices

Every small business has to deal with the nuisance of clients who don’t pay the bills. Regardless of the reason behind it, missing out on important additions to your company’s cash flow can have troublesome consequences. For this reason, small businesses should know how and when they can work with a commercial lawyer to get invoices paid through legal action.

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A divorcing couple working with a family lawyer to end their relationship

What does a Divorce Lawyer do?

If your car breaks down, you hire a mechanic. If you need to get a divorce, you work with a divorce lawyer. It can be a tempting thought to try to save money by cutting some corners, but working together with a divorce lawyer is essential to protecting your rights and making sure you can recover financially and emotionally after

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Making an agreement with a divorce lawyer

How can I make sure I pick the right divorce lawyer?

First impressions don’t always pan out. This can be true both in marriage and in picking divorce lawyers. It can be a bit intimidating, having to choose a lawyer to represent you in your divorce case. After all, making the wrong choice could result in being tied together with a “bulldog” lawyer who stretches hours to the max and costs

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Are all divorce lawyers the same?

Are all divorce lawyers the same, more or less?

It’s not every day that you need to hire a divorce lawyer. Since it’s a very specialized service, it means that you might not be familiar with what to look for when you’re preparing for divorce, or if you’re looking for solid legal advice. It’s important to take some time and carefully consider your options before choosing a legal team

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Changes to the Ontario Family Law System

Possible Upcoming Changes to the Family Law System with Bill C-78

Back in May of this year, the Federal Government introduced Bill C-78, which proposed a number of changes to the current family law system. These amendments will be the first significant update to the legislation in over 20 years. Make sure to read through the list of key changes in order to be aware and informed of how this could

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Family Law

Family Lawyers Mississauga

Mississauga Family Lawyers Getting a divorce or legal separation is stressful. It’s a time when you are likely to have many questions about what path to take to avoid any long-term negative repercussions. The Mississauga Family Lawyers at Epstein and Associates can help you make the best of this stressful situation. Our Family Lawyers in Mississauga provide exceptional support. We

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Divorce and Separation

Divorce Lawyers Mississauga

Our trusted divorce lawyers can accompany you through the process of a separation or divorce from start to finish The decision to pursue a divorce or separation will have a significant impact on your life. During the weeks and months that come after the decision is made it is vital to have an ally by your side who can keep

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Criminal Law

Criminal Law

Trusted Criminal Defence Lawyers At Epstein & Associates, our Criminal Defence Lawyers will provide you with the help and answers you need to get through all of your criminal law matters. We have the experience to ensure your interests are protected, your rights defended, and your case thoroughly pursued. Since, the implications of a criminal charge or conviction can be

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Man hiding money for his divorce in a drawer

Finding hidden assets during a divorce case

Getting a divorce can have a long-term impact on your financial situation. As a way of limiting this, it is possible for someone to try to hide some of their assets so that they get the edge when all property and finances are divided. If someone is successful in hiding assets, it can be severely unfair for their ex. This

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Divorce and Separation

Divorce Lawyers Newmarket

We can help you with the process of a separation or divorce The decision to pursue a divorce or separation is one that will have a significant impact on your life. During the important weeks and months that come after the decision is made it is vital to have an ally by your side who can keep you informed about

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Family Law

Family Lawyers Newmarket

Newmarket Family Lawyers The decision to pursue a divorce, or separation, is one that will have a significant impact on your life. During the important weeks and months that come after, it’s vital to have an ally by your side who can keep you informed about your options and protect your interests. Working side-by-side with Epstein & Associates Family Lawyers

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Family Law

Family Lawyers Barrie

Barrie Family Lawyers Getting a divorce or legal separation is stressful. It’s a time when you are likely to have many questions about what path to take to avoid any long-term negative repercussions. In this time, our Barrie Family Lawyers are invaluable resources for support and peace-of-mind. Our legal team will work with you to ensure that you receive the

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Collaborative Family Law

Collaborative Family Law in Richmond Hill

Richmond Hill Collaborative Family Law Cooperation instead of confrontation – that’s the approach that Epstein & Associates Richmond Hill Collaborative Family Law Lawyers use to bring a peaceful resolution to your legal situation. This unique approach prioritizes mutually beneficial solutions over animosity. The collaborative family law lawyers at Epstein & Associates in Richmond Hill are uniquely trained to work with you

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A common law couple thinking about what rights they have

What rights do I have as a common law spouse?

A common law relationship is one where partners live together but are not legally married to one another for a specific period of time. If this partnership should come to an end, couples who live together in common law relationships have many, but not all, of the same legal rights as married partners. What laws apply to common-law relationships? The

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A pitbull lawyer hitting his hand on the table in a family law dispute.

Why it isn’t a good idea to hire a “pit bull” lawyer

In the middle of a divorce or separation, you may be tempted to pursue the services of a pit bull lawyer. It may be that friends suggest you find an aggressive lawyer who can go on the attack against your ex, or maybe it’s your cathartic reaction to the strong emotions that accompany a breakup. Whatever the reason, there are

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A couple thinking about the cost for getting a lawyer to resolve their family law dispute

What is the cost of a family law dispute in Ontario?

One of the first things that people who are going through a separation or divorce will naturally think is: How much is this going to cost me? Lawyers may offer flat fees for simple or uncontested divorces, but with more complications, the more you can expect to pay in order to make sure your interests are represented. What can I

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A pile of documents about a family law dispute placed on a table in a lawyer's offce

What documents should I be prepared to bring to my family lawyer?

If you’ve made the decision to get in touch with a family lawyer for a consultation, it may initially be intimidating to try to prepare for the appointment. Chances are you’re experiencing some emotional stress and the task of organising and preparing all the necessary documents won’t help to reduce that stress. Fortunately, we’ve prepared a quick rundown of the

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A divorcing couple meeting a lawyer

Can My Ex and I Use the Same Lawyer?

Divorces can get expensive. In the interest of saving money, you may start thinking about whether you can share a lawyer with your ex – or if you can simply ask their lawyer for legal advice when you need it. If you and your partner simply have grown apart and there are no truly malicious feelings between the two of

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Languages Spoken by Epstein Lawyers

Making sense of how the law applies to your case can be a complicated task, even if you have been an English-speaker since birth.  If you speak English as a second language, on the other hand, the language barrier can sometimes be a real problem. Understanding the Details It is important that you can clearly understand your rights and the

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An estate planning lawyer goes through details with a client

The Reasons Why You Need an Estate Planning Lawyer

Taking the time to clearly define the plans for your estate is an important step for making sure that your assets pass on to your loved ones exactly according to your wishes and without any complications. Unfortunately, unexpected tragedies and a lack of planning ahead still leave many families in the lurch every year. Without a clear estate plan, drawn

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Case Review: The First Family First Principle in Divorce Cases

In the recent Divisional Court decision, Dean v. Dean 2016 ONSC 4298, Justice Hoskins reiterated the first-family-first principle, which stands for the idea that obligation to the first family takes priority, and obligations to a second family must be considered in context. Vesna Dean and James Dean were married for 13 years and separated in 2006 with no children of

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Can text messages be used in divorce case?

Can Text Messages be used as Evidence in Divorce Cases?

The rise of technology has increased the number of ways that evidence can be gathered to suggest someone’s state of mind or intentions in the years, months and weeks leading up to divorce. We’ve already explored how comments made on social media can influence your divorce. Despite the realization that comments made on various technologies can come back and be

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When Grandparents Apply for Legal Rights: Case Example

Today we will be discussing previous cases where grandparents were granted access to their grandchildren as well as situations where grandparents were deemed a factor in custody and access applications. Case Example: Torabi v. Patterson 2016 ONCJ 210 In Torabi v. Patterson 2016 ONCJ 210, the young child named Dylan, lost his mother who tragically passed away from cancer when

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Case Review: Divorce and the Matrimonial Home

Did your former spouse purchase your matrimonial home prior to your marriage? A recent Court of Appeal decision reinforces the family law Rule regarding debts incurred to secure or improve a matrimonial home. The case, Fielding v. Fielding, involved two accomplished surgeons. Over the years they had gone to litigation over a number of issues pertaining to custody, spousal support,

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Case Review: Making Changes to Child Support Orders & Payments

Are you or your former spouse attempting to vary a child support order? Are you trying to claim or dispute overpayments in child support? If so, a recent Court of Appeal decision may be of particular interest to you. The Initial Court Order In the case of Gray v. Rizzi, the applicant wife obtained an order in court, which provided

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Where can I ask a Lawyer Questions for Free?

Where Can I Ask a Lawyer Questions for Free?

It shouldn’t be a surprise that getting involved in a divorce, separation or other legal matter can quickly become an expensive issue, especially when there is a lot of disagreement and distance between the parties involved. This is because resolving disputes and protecting the interests of all parties involved requires an extensive amount of legal expertise and experience.  But, is

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Should I get a Male or a Female Lawyer?

Should I get a Male or a Female Lawyer?

When facing an impending divorce, you quickly come across a lot of different opinions about how you can get an advantage in your case based on the type of attorney you hire. Stereotypes suggest that a man can hire a female lawyer to “soften” his arguments, or that a male lawyer will have a more “aggressive” attack that could be

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Do I really need a family lawyer for my divorce?

Do I Really Need a Family Lawyer for My Divorce?

When it becomes apparent that you are going to need to get a divorce, you will inevitably have a lot of questions on your mind. One of these questions might be whether it is really necessary to hire a family lawyer to help with your case. There can be a lot at stake in a divorce. Your wellbeing and your

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Divorce and Separation

Litigation Lawyers

Litigation Lawyers In the family law context, litigation can involve either of the Family Court (at the Superior Court of Justice), the Superior Court of Justice, and/or the Ontario Court of Justice, depending on the nature of the outstanding issues. Court appearances in a family law matter may involve case conference, settlement conferences, motions (if necessary), trial management conferences and,

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Divorce and Separation

Child Custody & Access Lawyers

Child Custody & Access Lawyers Child Custody and Access Matters in Newmarket & Barrie Can Be Resolved Through Negotiation Or Via the Courts. Either way, they are often fraught with tension and conflict. It is essential that you have a lawyer on your side who will work with you to keep your expectations reasonable and your position workable. Important considerations

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Collaborative Family Law

Collaborative Family Law

Collaborative Family Law in Aurora, Barrie, Newmarket & Beyond Does it seem impossible to come out of a family conflict unscathed? The focus of Collaborative Family Law is cooperation – as opposed to confrontation. The collaborative family law lawyers at Epstein & Associates are uniquely trained and experienced in this approach. We partner with you to attain a lasting final

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Unequal Division of Family Property and Family Law

Section 5(6) of the Family Law Act provides: (6) The court may award a spouse an amount that is more or less than half the difference between the net family properties if the court is of the opinion that equalizing the net family properties would be unconscionable, having regard to, a spouse’s failure to disclose to the other spouse debts

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Parenting time in Ontario child custody cases

When a court determines child custody, the judge will also normally issue parenting time orders if the parents have been unable to come to an agreement.   Generally, courts approach parenting time with the idea that it is in the best interests of the child to have liberal contact with both parents. In determining how much parenting time each parent

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Professional help during family law disputes

Ontario parents who go through separations and divorces have many questions about their familial responsibilities and rights in the aftermath of their legal splits.   Although family law is well codified, the sheer volume of regulations can work against those who lack the familiarity or time needed to navigate the process. Our firm works hard to help client through negotiations

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Jailed woman asks Crown to investigate child custody case

An Ontario lawyer is asking the Crown to investigate a child custody case that is keeping the child’s mother in jail for refusing to bring her child home from China. According to a letter the woman’s lawyer sent the Ministry of the Attorney General in July, the woman is not refusing an order to return her daughter but has reached

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Laws regarding divorce and separation

For all couples, including those who reside in Ontario, divorce can be a complicated web of laws involving federal, provincial and territorial statutes. Provincial or territorial laws can create a specific process that governs how a couple can get a divorce. Laws of this nature also concern custody, parenting plans, alimony, child support and legal separations.   This can make

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Advice From a Lawyer – The Best Way to Divorce

Advice from a Lawyer: The Best Way to Divorce In Ontario, over a one year period ending in the spring of 2013, there were 30,254 divorce cases started in the Superior Court of Justice. A typical divorce through the Court system can take two years, costs tens of thousands of dollars, is emotionally draining because it brings out the worst

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Tips for Choosing the Right Divorce Lawyer in Ontario for You

In Canada, over one third of all family law cases are divorce cases. The proportion of married couples has been steadily decreasing over the last two centuries, while common law unions are on the rise.  According to Statistics Canada, in 2008 there were over 70,000 divorces in Canada; which is 5% more than in 2002. Ending a marriage is not

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Know Your Rights: Landlord Edition

The Application of N12 Notices for Landlords Are you a landlord in need of a unit that is currently occupied by a tenant? If you require the unit for your own use or your family’s use, serving an N12 notice to a tenant may be an option for you. It is important to be aware of the impact and rules

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Divorce definition with ring

Divorce Terminology You Need To Know

When going through a divorce, does it feel like people are talking around you and not with you? Going through a divorce can be stressful. At Epstein & Associates, we want to make sure that you are aware of everything that is going on in your case.  Here are a few terms that you may come across in conversations that

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Male student working on laptop at public library

What Happens to Child Support When a University Student Takes a “Gap Year”?

Background Parents are typically expected to support their children until the completion of at least one post-secondary degree. However, when a child defers post-secondary school or takes a “gap year”, it raises child support considerations. Recently, the Superior Court of Justice (2020) reviewed and upheld an arbitration award that suspended a father’s obligations to pay child support during a child’s

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Who Gets the Ring when the Engagement is Over?

Approach #1: The Conditional Gift In the first approach, courts have treated the engagement ring as a conditional gift. Whether it must be returned in the event of a breakup will depend on who ends it. If it’s the donor, the donee keeps the ring. If the donee ended the engagement, the donor is entitled to demand the ring back.

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Is It Possible to Get a Divorce Without The Consent of My Spouse?

Originally Published: July, 2022.  Updated: January 2024. For most, divorce is an unsettling process that requires many difficult conversations with your spouseIn many cases, it may be difficult to get that spouse’s consent to a divorce. So, is it possible to get a divorce without the consent of my spouse in Canada? The answer to this question is not straightforward.

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Employees vs. Independent Contractors in Ontario: What you need to know

Employers in Ontario are faced with a decision to make: hire employees or independent contractors. There are benefits and challenges to each; however, from a legal perspective, there are important distinctions that may have lasting effects on your business. The classification of employee vs. contractor impacts worker’s entitlements and employer responsibilities under the law. In this article, we will explore

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How long can debt be collected in Ontario?

With the cost of living on the rise, there are more individuals facing debt and debt collectors. You may be wondering if your debt can expire. The answer is not exactly. It is important to know your rights and responsibilities regarding debt collection in Ontario to protect yourself and dispute claims if necessary. Navigating debt collection can be stressful and

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How long can an uncontested divorce in Ontario take?

In Ontario, many couples explore the option of an uncontested divorce as a more amicable and efficient way to dissolve their marriage. The timeline for an uncontested divorce in Ontario can vary, but it usually (post pandemic) takes between 5 to 7 months from the filing of the divorce application to the issuance of the divorce order. This estimate is

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What happens if a buyer backs out of a real estate deal?

In Ontario, real estate transactions are governed by specific laws and regulations designed to protect the interests of all parties involved. Even so, some situations occur that force buyers or sellers to reconsider their decisions. Let’s take a look at the home-buying process and what happens if a buyer decides to step back from a real estate deal in Ontario.

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Father’s Rights in Ontario: Chances of Getting 50/50 Custody

Child custody (now known as decision-making responsibility) battles can be emotionally challenging for both parents. Fathers in Ontario often wonder about their chances of securing 50/50 custody of their children. The misconception that decision-making responsibility is only given to mothers is rooted in a not-so-distant reality. In the mid-90s’s The Government of Canada reported, that only 8.4% of children coming

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family law act and divorce act in Ontario

Clean break in divorce – what is it and when should you use it

Ending a relationship by separation or divorce can be a difficult decision. Once the decision has been made things like division and distribution of assets and spousal and/or child support agreements need to be negotiated and approved by the court. The process can be a long and arduous one and as such, consideration may be given as to whether or

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A new couple wondering about spousal support requirements.

Does Spousal Support End If You Remarry In Ontario?

If you were previously married and thinking about marrying you may be wondering Does spousal support end if you remarry in Ontario? Entitlement to spousal support and its payment obligations is one of the most commonly litigated issues in family law. There are many factors to consider including the type of support required, payment schedule, and whether child support is

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What is the Wrongful Termination Statute of Limitations?

Have you recently been terminated? Are you wondering if you can still take action against your employer? When it comes to termination, the wrongful termination statute of limitations should be a significant consideration for both employees and employers. It dictates the legal timeframe within which you can file a claim for wrongful termination. If you are interested in learning more

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