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Search Results for: case law – Page 2

What Are The Different Types of Murder Charges in Canada?

As far as criminal offences go, none garners quite the same level of attention as murder. But when it comes to the details and differences between the various types of murder charges in Canada, there is often a lot of confusion. What is the difference between first- and second-degree murder? Where does manslaughter fit in? And what are the sentencing

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The Ultimate Divorce Consultation Checklist

You’ve made the difficult decision to end your marriage and get a divorce. Now what? The first thing you need to do is find the right legal representation. Finding the right lawyer can be stressful, but having a divorce consultation checklist prepared will help you make this important decision. Ensuring you have an experienced and dedicated lawyer on your side

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Your guide to wrongful termination in Ontario

Do you feel that you’ve been wrongfully terminated, but you aren’t sure what options you have? This is your guide to wrongful termination in Ontario. What is Wrongful Termination? Wrongful termination in Ontario occurs when an employer fires an employee in violation of The Employment Standards Act (ESA) or in breach of their employment contract. Examples of Wrongful Termination To

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A married couple working together to understand an uncontested divorce

What is An Uncontested Divorce?

Originally Published: August 2017 Updated: July 2023 Marriage and divorce can be complex and emotional. When navigating the process, you might be wondering which type of divorce is right for your unique situation. The two types of divorce in Canada are contested divorce and uncontested divorce. So, what is an uncontested divorce? An uncontested divorce occurs when both parties agree

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How to Fight a Will Challenge

When a loved one passes away, their Will should lay out their wishes for their property and other aspects of their life to minimize disputes and represent their best interests. In some situations, families and friends cannot agree to the terms set out in the Will or the validity of the Will itself. This may lead to an individual contesting

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Last Will & Testament Lost or Destroyed

What happens when an original Will is lost or destroyed?

Originally Published: April, 2018 Updated: May, 2023 What is a Will and what happens if it is lost or destroyed? A last Will and testament is a document that sets out the deceased’s final wishes regarding the distribution of their assets and the handling of their affairs after death. When you have a Will in place it provides the peace

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Navigating Inheritance Disputes Between Siblings

Inheritance is the distribution of a person’s property, including their debts and obligations, upon death. Typically, inheritance usually passes from an older generation to a younger generation.  In Ontario, the person that transfers the inheritance out of the estate is known as the estate trustee, and the person who receives the inheritance is known as the beneficiary.  Beneficiaries can be

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Is it possible to terminate parental rights in Ontario?

When going through a separation or divorce it is important to ensure that your children’s welfare is being considered. There can be difficult decisions that need to be made to make sure your children feel supported through this process. The decision to terminate parental rights can weigh heavily, however, knowing when this may be necessary and the process of doing

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What are the financial implications of divorce in Ontario?

Divorce can be a daunting and emotionally stressful process in Ontario. When thinking about divorce it is important to consider all the financial implications that come with it. This includes the previously laid out agreements and contracts, the cost of divorce, the division of property, child support and spousal support. The financial implications of divorce are unique to each relationship

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Can you live in the same house and be legally separated?

Are you living in the same house as your spouse, but considering a legal separation?  You may think that it’s impossible to separate while still living together, but there are actually several options available.  In Ontario, couples can be legally separated without having to move out of their home. Moreover, marriage contracts can also be put in place so that

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Little black girl crying on mothers shoulder

How Can Family Violence Impact Relocating with your Child?

Family violence can include a range of behaviours such as harassment, threats, financial or physical abuse to name a few. None of which are easy to cope with, especially when children are involved. If you are seeking to relocate with your children, it is important to know what steps you need to take to do so. In the recent case,

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Can my ex take my retirement funds or pension plan in a divorce?

Originally Posted: July, 2019 Updated: January, 2024 When a marriage ends, deciding the equal distribution of assets to each person is a necessary step. Under the law, the value of any kind of property or assets that was acquired by a spouse during marriage and exists at the time of divorce must be divided equally. This covers pension and retirement

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Divorce and adultery

What happens in divorce if you commit adultery?

This post was originally published on August 21, 2019, and has been updated as of January 3rd, 2023. Adultery can complicate a divorce case and may affect how decisions are made regarding child custody, property division and spousal support. For example, if a spouse has committed adultery during the marriage, courts may take this into account when considering an uneven

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African american businessman gives a phone consultation

How to Have a Successful Consultation

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 is for the client to see if the lawyer is the right person to tackle their matter and for the lawyer to become familiar with the details of the case. 

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Domestic Violence Theme with Dirty Teddy Bear

The Tort of Family Violence

What is a notable recent case in family law? In the world of family law, an important new case was decided in February 2022 called Ahluwalia v. Ahluwalia, 2022 ONSC 1303. This case has the potential to create large ripple effects in the practice of family law for some time to come because a new tort was formed. In this

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Is It Expensive to Get a Divorce in Ontario?

Getting a divorce is an emotionally challenging experience and is often accompanied by financial strain. In Ontario, the cost of getting divorced can vary significantly depending on a number of factors, such as how complicated the divorce is and how contested the issues are. Here are the main cost considerations when filing for divorce in Ontario: Costs of filing an

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A citizen holds their passport and wonders what will happen after their divorce

How does a divorce affect your citizenship?

Original Publish Date: November 10, 2017 Revised October 20th,  2022 Getting a divorce means a lot of things will change. It could mean that you have new financial obligations, or that you will see your kids on a visitation schedule.  For those who have recently moved to Canada, there can also be questions about whether or not getting a divorce

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Is Falling Out Of Love Reason Enough For Divorce?

Original Publish Date: October 28, 2019 Revised October 12th,  2022 Deciding to divorce or separate from your partner is often not an easy thing to do. As hard as the situation can be, you should know that you aren’t the first or the last person going through these circumstances. Divorce is a decision that requires much thought and consideration. There

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Meet Sabrina

Sabrina Brisbane completed her undergraduate studies at Wilfrid Laurier University and continued her education at the University of Sussex where she obtained her law degree. She is committed to providing compassionate and effective legal representation to individuals navigating the complexities of family disputes. She brings a well-rounded approach to each case, ensuring that clients receive the support and advocacy they

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A man holding an engagement ring after a divorce

Who keeps “the ring” after an Ontario divorce?

Original Publish Date: November 29, 2017 Revised: September 28th, 2022 Making the decision to end a marriage or break off an engagement will inevitably lead to a number of personal, emotional and financial consequences. In the middle of the different issues that require attention during this time, a common question is about the ownership of engagement and wedding rings. In

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Couple arms crossed on sofa

How soon can I divorce after marriage?

Original Publish Date: June 26, 2019 Revised: September 21st, 2022 When marriages break down, it’s essential to have a clear understanding of the next steps.  The only legal reason you need to be granted a divorce is that your marriage hasn’t worked.  Getting an annulment is another possible solution, but an annulment is only applicable in certain situations. Read on

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What can you do if your spouse refuses to sign the divorce papers?

Original Publish Date: July 15, 2019 Revised: September 15th, 2022 Unfortunately, marriages break down, and in some cases, one spouse may refuse to agree to a divorce. They may not accept that the relationship is over. While others may believe, getting divorced conflicts with their beliefs. Under Canadian laws, you don’t need to get your spouse’s consent to get a

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What Happens When a Landlord Sells a Property in Ontario?

Original Publish Date: February 15, 2017 Revised September 2022 If a landlord sells a property, it is best if the landlord and tenant can handle it cooperatively. Unfortunately, conflicts often arise. A common reason is that the landlord will want to show the property to many potential buyers, which can be inconvenient for the tenant who wishes to live in

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can social media be used in divorce cases

Can Social Media Be Used as Support in Divorce?

Social media has become a part of our everyday lives, posting our days, dinners, and even vacations.  But as we all know social media can be a dangerous tool as it is all too easy to raise controversial opinions and display emotions behind the keys of a message board.  Throw in divorce and it might just be a recipe for

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what happens to my retirement when I get divorced

Pension, Divorces and Retirement Fund Splitting

Wondering how your pension and retirement will be split when you get divorced?  Since pensions are property under the Family Law Act, they are included in each partner’s net total assets.  Read below to understand what happens to your retirement and pension savings during divorce.  Splitting Canada Pension Plan Credits According to the Canada Pension Plan (CPP) all contributions you

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Family Estate planning document

Your Guide For How To Make A Will In Ontario

You are never too early to make your Will in Ontario. Having said that, according to an Angus Reid Institute poll from 2017, more than half of Canadians don’t have a last will and testament.  Of that group, 18 percent cited cost as the main reason they hadn’t written a will, while 5 percent answered that it’s too time-consuming. Even

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Two sisters fighting over a will

What Are The Grounds For Contesting a Will in Ontario?

When a loved one dies, you will have a number of legal responsibilities to deal with… one of the major ones being locating the person’s will and administer the estate according to the wishes laid out in it. However, the most complicated legal battles around wills are when disagreements arise.  Have you considered what happens when a will is contested

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Purchase agreement for hours with model home

What is a Purchase and Sale Agreement and Why is it Important?

Ever wonder which terms and conditions are related to real estate transactions? A key piece of closing a real estate deal is a purchase and sale agreement, also known as a Purchase and Sale Agreement, P&S Agreement, or PSA. Below we have outlined the different terms of the sales contract. What Is a Purchase and Sale Agreement? It defines what

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Power of attorney challenges

Most Common Estate Litigation Issues

The death of a loved one or family member is always difficult. Therefore, disputes over an estate can often be protracted, emotional and complex.  We have summed up the most common issues that may lead to estate litigation cases that you should be aware of.  Power of Attorney Challenges One of the main challenges that can arise during estate litigation

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How to Protect Your Business in a Divorce

How to Protect Your Business in a Divorce

Thinking about getting a divorce?  Don’t want to lose the business you worked so tirelessly to create?  No, we’re not advocating for either spouse to deny the other her or his fair share of the business assets, but there are ways to ensure that you don’t lose control of your business.  Did You Know: More often than not, when one

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Barrie family lawyers

Divorce and Secondary Homes: What Happens to the Family Cottage?

During the divorce process, many assets will be split evenly among each party – as long as they were acquired during the marriage.  However, where does that leave a cottage property if owned by both parties? In this article, we discuss how secondary homes are split during divorce and how you can continue to maintain the occupancy of your cottage. 

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family law rules ontario, rules of civil procedure ontario, new family law rules ontario 2020, motions in ontario family court

Motions In Ontario Family Court

Bringing a Motion Forward As all lawyers can attest, taking steps in court takes time. Therefore, if you’re going through a divorce, you may want to ask a judge for a temporary decision on time-sensitive issues – before the outcome of your case is reached. This is called bringing a motion and may sometimes be brought on an urgent, or

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How To Plan To Leave Your Spouse

How To Plan To Leave Your Spouse

Ending a marriage is never easy. While your heart may be checked out and ready, there’s a lot to think about when it comes to planning how and when you will leave.  We’ve created the following guide to help ease this transition of separation.  How Much Time Do I Need To Prepare To Leave My Spouse? While there’s no real

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can i remove my spouse from my health insurance if we are separated Canada

What To Do With Insurance After Divorce

In some instances of separation, the couple detaches and goes their separate ways immediately — they divvy up the house, the funds and even their pets.  However, in other cases, there may be circumstances in which the exes remain connected, especially if they have joint health coverage or children. Can I Remove My Spouse From My Health Insurance If We

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filing a restraining order again my ex-spouse

How to File a Restraining Order Against my Ex-Spouse

A restraining order is a civil court order to help protect your health and safety and it can secured in Family Court as well. It can limit: what someone can do where someone can go who they can contact If you have children, the order can apply to them as well. Do you qualify for a restraining order? You can

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what happens to our adopted child during a divorce?

We Are Getting Divorced: What Happens to Our Adopted Child?

Divorce is a hard thing for two people to go through and it is further complicated when there are children involved. A turbulent family unit is something many adopted children know all too well. If you are planning on getting divorced, you want to ensure that the children don’t feel like an afterthought. A child may need to move from

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Although they may not have a role in making decisions, a parent with access has the right to receive information about the child's education, health and well-being. 

Explained: Child Custody & Access For Men

“Access” is the legal term for the right of the child and parent to spend time together. Although they may not have a role in making decisions, a parent with access has the right to receive information about the child’s education, health and well-being.  Usually, a biological or adoptive parent will get custody of the children. However, the relevant provisions

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are divorce files public records in ontario?

Are Divorce Files Public Records in Ontario?

When it comes to divorce records, Ontario presumes that all civil and family litigation matters are public.  The only way to seal a court file and take it out of public eyes requires an Order under section 137(2) of the Courts of Justice Act. This only needs to be submitted by a single party and said party must ask the

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COVIC-10 Child vaccinations

What Happens When Parents Disagree On Getting Their Kids Vaccinated?

‘Back to school’ is just around the corner, and with new regulations being considered around mandatory vaccinations for in-school learning, parents may be at odds over what to do.  Whether divorced, separated, or simply not seeing eye to eye on COVID-19, new legal challenges have emerged for those looking to protect their children.  Where Things Stand For Ontario Schools As

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depression caused by divorce

Depression & Divorce: The Five Stages of Loss

Irrespective of how a marriage/relationship ends there can be some mental health issues that may stem from its dissolution.  The most important thing to know is that mental health affects everyone differently but it is completely normal to experience some issues when dealing with traumatic life events. At Epstein & Associates, we have outlined five stages of loss you may

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uncontested divorce ontario

What Does ‘Uncontested Divorce’ Mean in Ontario

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 seeking a divorce.  In both cases, it is preferential that the parties have agreed on all related issues, such as child support, spousal support, division of property, parenting time and

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pandemic, COVID, family lawyer Ontario

How Divorce Has Been Impacted Since The Pandemic

With the stress of the pandemic and homeschooling children rising, many couples are finding it difficult to work on their marriage with calm heads. Living in lockdown for a year has caused a large increase in divorce cases for Ontarians, which leads us to ask, how has divorce been impacted since the pandemic began? There are a couple of different

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Happy female relationship marriage handshake sign contracts with lawyer mediation

Pros & Cons of Mediation For Divorce

Mediation is a process in which disputing parties agree to bring in a neutral third party to assist them in attempting to reach a settlement. Having said that, the neutral third party does not make a decision and the parties may terminate the process at any time. It is always confidential and completed without prejudice.  Where a voluntary settlement is

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pregnant couple quarreling / getting a divorce

How to Handle Divorce When Pregnant

Pregnancy is supposed to be a very exciting and beautiful time for you and your partner. But what if instead of painting your baby’s room and buying baby clothes, you’re finding a new place to live and choosing a lawyer for your divorce case?  We know it is an awful situation that would create a lot of stress and anxiety,

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how legal separation is different from a divorce

Your Complete Guide To Legal Separation In Ontario

How Separation Is Different From Divorce? If someone is considering divorce, it is important to fully understand the different situations and terms that are involved.  One question that comes up often is whether or not there is a difference between the terms “legal separation” and “divorce”. Are these simply different ways of saying the same thing, or is there more

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Divorce Planning Checklist is shown on the business photo

Your Ontario Divorce Checklist

If divorce is on your horizon, you do not want to be ill-prepared. There will be a lot of important life decisions that you will need to make, but we are here to help identify the key areas you should be focusing on.  Below is a complete checklist of what your main focuses and “to-dos” should be, from pre to

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Divorce Act Changes Headline

Divorce Act Child Protection Changes

In some divorces, emotions can run very high and this can lead to unfortunate consequences. A 2017 divorce and custody case between Andrew Berry and Sarah Cotton-Elliot is causing the Canadian Divorce Act to be updated after 20 years with no substantive amendments.  These updates to child protection are being put in place as a result of the brutal murders

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thinking about divorce

Is Your Marriage Over? 4 Reasons Not to Be Afraid of Divorce

0589Divorce is not an easy process to go through. Though it can seem like a large and scary mountain you do not want to climb, here are a couple of reasons why divorce might not be as scary as you think.  Due to societal pressures and values, the act of divorce may seem like a crime. While that pressure may

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Couple in Divorce Procedures

How to Get a Divorce in Ontario

Separation agreements and court orders provide the opportunity to resolve family matters, but they do not legally end your marriage. The only way to do that is by getting a divorce. In Ontario, there are certain measures you must meet before you can file for divorce.  Here at Epstein & Associates, we have outlined the necessary steps and paperwork required

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types of parenting agreements

The Different Types of Parenting Agreements

Although the divorce process can be messy when determining the parenting agreement between you and your child’s parent you want that to go as smoothly as possible for the sake of the child. There are multiple different types of parenting agreements that are upheld by the Ontario government, all of which fall under both the custody and access titles.  Having

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Unhappy depressed woman lying with dog at home on sofa feels apathy has mental problems. Loneliness

5 Realities of Divorce You Have To Know

Thinking of getting a divorce but are scared of the implications that follow? If you are thinking about divorce it is most likely because the negatives about your marriage outweigh the positives. There are moments where you might go back and forth on whether divorce is the right option for you based on everyday circumstances. So how do you know

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Husband Holding Hands With Girlfriend's Friend Sitting On Bench Outdoor

My Spouse is an Adulterer — Does that Entitle Me to Everything?

The unfortunate circumstance of ending a marriage because your spouse is an adulterer can be a painful reality for many people. Whether it ended because of a single affair, multiple affairs or a secret second relationship, you probably are wondering how this will affect the entire divorce process.  The laws in Ontario are governed by the federal Divorce Act and

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Power of Attorney Documents

True or False: Things You Can and Can’t Do As a Power of Attorney

When it comes to being appointed Power of Attorney of someone’s property, health or wellbeing there are misconceptions of the decisions you are entitled to make.  A Power of Attorney is a legal document that gives someone else the right to make decisions on your behalf. Within Ontario there are three different kinds of Power of Attorneys:  Continuing Power of

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Couple Filing for Divorce

5 Things You Need to Know About Getting Divorced

Thinking of divorce but unsure of where to start or what information you might need? Throughout this decision, wavering between living a single life and staying married can be a very repetitive and often a torturous process. While some may know divorce is the answer right away, others may have to go through much longer of a deliberation. Gaining Clarity

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Civil Litigation: Step-by-Step Process and Overview

Civil Litigation: Step-by-Step Process and Overview

Bringing a Claim The plaintiff drafts a statement of claim, which explains and outlines the material facts on which the plaintiff will rely on.  Once brought forward, the court will then issue the statement of claim.  After being brought forward, the plaintiff serves the statement to the defendant and files an affidavit with the court confirming they have done so. 

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Court Prohibits Cottage Vacation Over COVID-19

Court Prohibits Cottage Vacation Over COVID-19

A father was planning a vacation with his son and some family members when the Court stepped in and put an end to their proposed vacation plans. The father planned to rent a cottage for a week and have 7 family members attend, which complied with the Province’s 10-person social bubble rule. Despite this, the boy’s mother filed an urgent

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How The Internet Is Impacting Your Divorce

How The Internet Is Impacting Your Divorce

In today’s society recognizing that while technology and social media are powerful tools that can help in the divorce process, they can also interfere with it. The pervasiveness of technology and social media impact our everyday lives and something as personal as divorce proceedings are no exception. Technology Used as Evidence  It is interesting to see the change in the

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How Assets are Split in a Divorce

How Assets are Split in a Divorce

If you get divorced in Ontario, the answer can be confusing. Divorce law in Ontario falls under the Family Law Act and it focuses on ensuring couples leave the marriage on relatively equal footing. When it comes to splitting finances in divorce cases in Ontario, there is one main aspect that the law focuses is on which is the fact

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My Spouse Got Laid Off: What Happens to My Child Support?

My Spouse Got Laid Off: What Happens to My Child Support?

At the point when you lose your employment, you likely will need to shift child support. The measure of child support should change dependent on your salary.  You will need to ensure that you address the change in your income quickly and before any enforcement procedures are taken. Along these lines, it’s imperative to book a consultation with legal counsel

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Parenting Time Reduced for Essential Workers

Parenting Time Reduced for Essential Workers

For all divorced families it should be your responsibility and priority to make sure your children are being cared for in the best way possible. This may include limiting and/or changing your share timeframe with your spouse if they are an essential worker.  Recently there have been pressing issues with respect to care, visitation and access to children. What happens

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Ensuring Fairness in an Arbitration Dispute

A majority of family law disputes are settled without the need for a formal court trial.  Many parties utilize alternate dispute resolution, whether it be mediation or a mediation/arbitration process.  Arbitration is an option that can facilitate, and in fact, impose a binding decision. It is important to note that it is often seen as more cost-effective for parties to

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Determining Best Interests for a Child During COVID-19

COVID-19 has been a devastating time for many. The economy is crashing, millions have lost their jobs, and too many are losing their lives. Though the virus does not discriminate, it favors the most vulnerable of our society: people with pre-existing health issues and the elderly.  In such a sad and frightening global crisis, many people have been doing their

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Epstein & Associates

Lawyers You Can Trust Epstein & Associates is an established law firm dedicated to protecting the rights of our clients. Legal Services Contact Us Get the attention you deserve and require to achieve your goals today Visit our offices in… Barrie Newmarket Richmond Hill Mississauga Oshawa “Knowledgeable, easily approachable, attentive and represented my interests well. Mark is fantastic and a

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Laid Off Due to COVID-19 Pandemic? Learn How to Claim Your Rights

Since the start of this global pandemic there have been many Canadians that have suffered from employment loss. Losing a job can be devastating especially during these uncertain times. COVID-19 has made it not only mentally draining for many Canadians but also the added stress of losing income has made it nearly impossible to stay calm and unscathed. Did you

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COVID-19, The Legal System and Courts

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 decisions in response to the crisis. The legal system is not exempt from this disruption and changes to the operation of the courts and the different stakeholders in the legal

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When Addiction Leads To Divorce

After tobacco, alcohol and drug addiction are the two most common substance addictions in Canada, with alcohol abuse significantly outweighing all other forms. Most adults with dependency are able to function much the same as anyone else, holding down jobs and relationships but there can be a gradual transition from dependency to addiction or a significant life event that triggers

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Do I Need An NDA To Protect My Business?

A non-disclosure agreement (NDA) is a useful level of protection for information or intellectual property (IP) that is confidential and sensitive to an organization. An NDA can prevent important information from getting into the wrong hands and being used to negatively affect your company in the way of reduced profit or revenue, or damage to your reputation. When To Use

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Separation Can Burn

An Ottawa businessman’s plans to outsmart his ex-wife and the court went up in flames, as the man admitted to burning over $1 million dollars in an attempt to circumvent his ex-wife’s equalization (a division of property) and support claims.  Bruce McConville told an Ottawa Court that he sold a number of his properties and businesses, withdrew the money, and

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Can Someone Get Away with Trashing their Ex Online?

A Brief Analysis of Rook v. Halcrow 2019 BCSC 2253 In a recent B.C. Supreme Court case (Rook v Halcrow 2019 BCSC 2253), with its ruling published Tuesday, November 26th, 2019, a man sued his ex for defamation resulting from online posts she made alleging that he was a cheater, an out-of-control drunk, a fraud, a failure with no ambition,

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Impact Of The New RRSP Rules On Separating Couples

Recent updates to Canadian Federal Tax Laws have been amended to allow a separating spouse the ability to withdraw funds from their RRSP without incurring a tax penalty, so long as the money goes toward the purchase of a new home.  The Home Buyer’s Plan (HBP)  The Home Buyer’s Plan (HBP) attempts to ease the transition for separating spouses to

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Can I Change My Mind About My Divorce?

Divorce is final once the appropriate paperwork is signed, right? Not exactly. In some cases, there may be some room for you and your partner to change your minds, reversing your divorce. Love Will Keep Us Together Going through a divorce can sometimes make two people realize how much they love and want to be together. Even after all the

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Divorcing Over Gender Identity

Divorce can feel complicated and overwhelming, especially when children are involved.  However, what happens when the reason for divorce is the child’s gender, or maybe the gender identity of one of the spouses? It’s common to disagree on how to raise children or to fight over jealousy, but, ending a marriage over gender? Well, those are more complicated stories: Going

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6 Ways Technology Is Changing Divorce Proceedings

Divorce and cheating have never been so accessible. With many options for filing for divorce online or participating in cybersex, people from across Canada can largely navigate through both divorce proceedings, or an affair, with just a few clicks. In this article, we explore the ways technology has both negatively and positively impacted divorce. Filing For Divorce Online In trying

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What Is A ‘Strategic Divorce’?

Would you consider getting divorced if it meant you could save some money? While you may be taken aback by this question, this concept is something presently buzzing around the U.S. Election. Senators Elizabeth Warren and Bernie Sanders have both sparked discussion around the idea of a ‘strategic divorce’ and what marriage taxes mean for Americans. Why would someone get

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Can I Sue My Spouse’s Lover?

If your spouse has stepped outside of your marriage with another lover, it’s natural to feel a roller coaster of emotions. You may become angry, depressed, embarrassed, and/or broken-hearted. However, you may also have feelings of wanting to seek revenge, or the need to feel that some justice has been done as a result of the pain you have been

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Who Gets The Kids In Divorce?

If you are going through a separation or a divorce, you know that it can be a hard and stressful time for everyone involved, including your children. When you’re separating, or divorcing, it’s essential to work together with your ex-spouse to help your children adjust to the new family situation. The question of who gets the kids in a divorce

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Do I Get To Keep My House In A Divorce?

Divorce and separation are never easy. There are so many things to consider and it can sometimes feel overwhelming. A common question we hear from our clients who are going through a divorce or separation is ‘do I get to keep the house?’. There are a few things to consider, read on. Are you married or common-law? Were you married

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How Easy Is It To Get a Divorce In Ontario?

Divorce can be as easy or as complicated as both parties choose for it to be. In the case of a joint divorce, for example, both spouses agree on all matters of the divorce and do not need to go to court. However, in less amicable or agreeable situations, lawyers and mediators may be required to determine the rights of

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How can I get joint custody of my child?

When parents are separating, or divorcing, the biggest challenge they face typically is deciding upon child custody. When it comes to determining child custody, the courts ask one question: what are the best interests of the child? Before any court decision, parents may discuss and consider sharing joint custody of their child or children. Joint custody is when parents share

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How is Retroactive Child Support Paid?

The law states that parents are responsible for financially supporting their dependent children. If a couple separates or a marriage breaks down, regardless, child support may need to be paid by the parent who spends less time with the child, or in the case of shared custody situations, by the parent with the greater income. The money is paid to

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What is a parenting plan

What is a Parenting Plan?

A Parenting Plan is a document that can be agreed and drawn up by two parents who are separating or going through a divorce and it usually covers all aspects of how the parents will raise their children after their split. This kind of agreement does not have to use legal terms and usually includes schedules as to how custody

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How much child support

How much child support should I expect to pay and for how long?

The amount and frequency of child support to be paid is determined by the residency of the child(ren), the Child Support Guidelines and based on the payor/parties’ gross income. This may be a simple calculation where the parties are employed, but where a party is self-employed, the determination of gross income for child support purposes may not be straight-forward. How

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Aneidah

Meet Aneidah

Aneidah Naidoo holds a law degree from the University of Ottawa, and is a skilled negotiator with strong advocacy and communication skills. She had a successful career as a teacher prior to pursuing her legal education. Aneidah articled at Innocence Canada, an organization that exonerates individuals wrongly convicted of serious crimes. Following her call to the bar in 2016, Aneidah

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What are valid reasons for revoking a will?

If you have a will or plan on making a will, you also should know the number of ways it can be revoked or cancelled. Most commonly, marriages, divorce and a new baby or family member, may change how you want your estate divided. In these cases, you may wish to revoke your will. When can a will be revoked?

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How to get sole custody of a child

Most parents who separate or divorce make decisions on how to care and raise any children involved. Things like where the child will live, how much time children will spend with a parent and who makes the main decisions relating to the child. These matters relate to custody and access. Family judges favour joint custody arrangements, as they prefer both

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A man and a woman considering divorce and curious about a no fault divorce application

Can my no-fault divorce application be denied?

There are times when the actions of one party or the other in a couple make it very clear that it is time for a divorce. Whether the result of substance abuse, physical or mental abuse or infidelity, these cases are clear-cut examples where an application for divorce would be accepted in the court system without a second thought. However,

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A man hiding money from his wife before a divorce

Am I allowed to hide money or assets during a divorce?

It’s no secret that a divorce carries with it some serious financial repercussions. Depending on the imbalance of finances between the two parties in the relationship, the equalization process could result in some serious gains or losses. This means that a thought might come to mind about whether or not you can hide some of your money or assets in

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A child reacting due to parental alienation following a divorce

How to protect yourself against parental alienation in a divorce

In any divorce, it’s common for friends or family to either knowingly or unknowingly take sides and support one party over the other. This can take a more dangerous turn, however, if one parent tries to use their influence over their children to undermine the other parent. What are some examples of parental alienation? After a divorce, it is possible

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Family run business leading to divorce

Can my family-run business survive a divorce?

Divorce can be a tricky business — even more so when the couple that is divorcing work together in a family owned and operated business. Divorce is rarely a quick and simple process. That’s where a family lawyer will be able to help negotiate through any situations that arise from unravelling each party’s dependence on one another in a fair

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A woman suffering domestic violence and considering divorce

How does Domestic Violence influence a divorce?

Many divorces in Ontario end relatively peacefully — either the couple agrees to work together to come to a mutually beneficial agreement, or they butt heads for a while through the legal system before eventually coming to a compromise or court-endorsed settlement. Unfortunately, there are still many divorce cases that end because of violence and allegations of domestic abuse. This naturally

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Can you divorce your partner without them knowing?

A common question about divorce is whether or not you can get divorced without your partner ever knowing about it. To some, it might be a liberating thought — being able to avoid their ex thereby removing a lot of the stress, anticipation, worry and frustration. Conversely, some people want to surprise their ex with the news they are divorced.

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