Common-law is a compilation of laws that are not written down or put into a body of legislation but rather evolve into a system of rules based on precedent. The
What skills are transferable for lawyers from other jurisdictions coming to Canada? When a foreign-trained lawyer comes to Canada, they bring with them many important skills that are built while
Starting the legal process on a matter can be overwhelming, especially if it is the first time you are seeking the services of a lawyer. The purpose of a consultation
An uncontested divorce is a court proceeding where the parties are not disputing the claim of a divorce, as compared to a joint divorce application where the parties are mutually
The business as usual mentality is not the state of our current justice system in Canadian courts. The COVID-19 pandemic has resulted in the slight transformation of our court trials.
As the spread of COVID-19 (“Coronavirus”) continues across the world, we have already seen significant disruption in all areas of our lives as public health authorities and governments make difficult
A Kansas man proceeding through family court sought an unorthodox method of resolving his legal issues, seeking to resolve the disputes “on the field of battle, legally”. David Ostrom, 40,
Debt collection can be a tiresome and detailed process that distracts you from the other demands of your business. Even though successful debt collection ultimately results in recovering funds, the
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.
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
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
In Children’s Aid Society of Toronto v C.K. et al the maternal grandmother and the paternal grandparents each brought a motion to be added as a party to a proceeding
Pet owners love their pets, and to some it may seem absurd that Ontario law considers them as property to be divided at a breakdown of a marriage. The following
In Gallacher v. Friesen, the parties cohabited in 2007 and until November 20, 2012. The parties have one child together. In 2008, the Respondent mother asked the Appellant father to
Helping you build strong relationships with your ex-spouse and your children Co-parenting can help meet the challenge of creating two new households after separation and divorce At Epstein & Associates
In Horowitz v. Nightingale, the couple had been married for sixteen years and they had three children together. In calculating the husband’s annual “income” for support purposes, the Courts were
In Habib v. Amin, the parties were married for three years and had one child. The parties initially resided in Ontario, moved to England where the child was born, and
Many Ontario residents may possess uncertainties about the status of their common-law relationship as well as the extent of their rights should the relationship come to an end. Differing provincial
Ontarians who are planning to adopt a child have a few different kinds of adoption available to them. First, parents can choose to adopt a child locally or internationally. The
Unmarried couples who are living together in Ontario may not be aware of the potential divorce-like problems that can arise when common-law relationships come to an end. In short, a
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
For divorcing parents in Ontario, agreeing to a parenting plan can sometimes be one of the most challenging aspects of ending a marriage. As a last resort, the couple might
Supervised access may be an option for Ontario parents who worry about their safety or if the safety of a child is in question. For example, a non-custodial parent
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
In Virc v. Blair et al. the wife brought an application to set aside a separation agreement with her husband on the grounds that he had materially misrepresented his financial
The popularity of social media sites such as Facebook may be the undoing of some parents, especially those who are delinquent in their child support payments. In dealing with support
Section 56(4) of the Family Law Act (FLA) sets out the circumstances under which a court may set aside a domestic contract or a provision in it. In Cramer v
When a marriage ends, a couple in Ontario often has an idea that their relationship is beginning to fall apart. However, in some cases, one party is taken completely by
In 1003126 Ontario Ltd. V DiCarlo at issue was whether the court should grant an injunction enforcing a non-competition clause in an employment contract. The Plaintiff hired the Defendant to
Keeping your assets protected in a common-law relationship Over the past decade, divorce trends have been decreasing worldwide. Despite a growing Canadian population overall, fewer marriages and more cohabitation is
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
In Spencer v Riesberry at issue was whether the home that the husband and wife lived in during their marriage was a matrimonial home within the meaning of section 18(1)
A person should not be allowed to profit from his or her own crime. This public policy rule has been in the common law for over a century; however, courts
