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Updates in Estate Law Legislation - Part II

We march closer to the end of 2021, another long and strange year. Big changes have taken place in modernizing Estates law, and some of these changes ...
Jan 2022
Article

Canada's Supreme Court Rules on Retroactive Adjustments to Child Support

The Supreme Court of Canada (S.C.C.) has recently ruled on a common problem in the area of family law; namely, dealing with requests for a retroactive...
Nov 2021
Blog Post

Grandparents' Access to their Grandchildren during COVID-19

Clearly, grandparents are often central to establishing the proverbial village that it takes to raise a child.  Upon a separation, however, the r...
Jan 2021
Blog Post

When to Consider Lump Sum Spousal Support

After a couple separates, a number of factors are considered when determining whether or not a spouse is entitled to receive support from their former...
Nov 2020
Blog Post

Parenting in a Pandemic

A mother from Toronto was awarded temporary custody of her four-year-old child after the father actively and willfully disobeyed public health guideli...
Oct 2020
Blog Post

Family Mediation

Family Mediation is a process that assists former spouses with resolving their differences in a respectful, timely, and cost-effective manner. Mediati...
Jun 2020
Blog Post

Setting Aside a Domestic Contract

The recent 2020 Ontario case of Caparello v Henkenhaf provides an excellent illustration of what sometimes happens when disputes arise after matrimoni...
May 2020
Blog Post

Co-Parenting During the COVID-19 Pandemic

Since the Ontario government announced a “lock down” and ordered Ontarians to stay home in order to halt the spread of the COVID-19 virus,...
Apr 2020
Blog Post

COVID-19 and Ontario’s Family Court System

The family court system in Ontario has been severely impacted by the COVID-19 crisis. In response to the pandemic, the courts have substantially curta...
Apr 2020
Blog Post

Parenting Concerns During the COVID-19 Pandemic

On March 24, 2020, Justice Pazaratz released a decision setting out guidelines as to how to deal with access and custody of children during the COVID-...
Mar 2020
Article

Recent Developments in Dependent Support from Estates

On December 5, 2016, the Ontario Legislature passed new legislation, called the All Families Are Equal Act, 2016 S.O. 2016, c.23 (Bill 28) (“the...
Aug 2017
Article

Understanding Retroactive Child Support

In the current era of “Big Data” and information overload, law is no different from other aspects of life in the sense that one must be ca...
Aug 2017
Article

Caught In The Middle: Custody And Access Rights Of Third Parties & Grandparents

As an increasing number of families in Ontario are experiencing conflict or a devastating event in their relationship, more and more third parties, in...
Mar 2017
Article

Minimizing the Costs of Separation/Divorce: The Collaborative Process

When it comes to a separation, there are different types of costs to consider. Right away, most people think about the financial cost. However, there ...
Oct 2016
Article

A Victory in Child Protection Law

In an almost fairytale-like ending to a four year battle with the Toronto Children’s Aid Society (C.A.S.), Jim Peluch of the SorbaraLaw Family L...
Oct 2016
Article

The Latest Baby Boomer Dilemma: Spousal Support Obligation and Early Retirement

Family law lawyers are increasingly encountering issues arising on the breakdown of a marriage where the parties previously agreed that one spouse cou...
Jan 2016
Article

When Revenge isn’t Sweet

As a result of what appeared to be a misguided attempt to “get even” with his (ex-)wife for calling the police following a domestic assaul...
Dec 2015
Article

Not Every Gift is Free: the Impact of Gifting on Child Support

As many parents who pay child support already know, the determination of income is of critical importance. Until recently, gifts received by a payor p...
Nov 2015
Article

When Is a Cottage a Matrimonial Home?

In Egan v. Burton [2013] O.J. No. 2408, the parties had been married for twenty years with the husband having brought into the marriage a cottage whic...
Nov 2014
Article

Exclusive Possession of the Matrimonial Home

Under section 24 of the Family Law Act, the court has the power to grant a married spouse exclusive possession of a matrimonial home regardless of whi...
Mar 2014
Article

Collaborative Family Law

A (relatively) new alternative dispute resolution process is gaining increased traction in the family law world. Collaborative Family Law (CFL) arose ...
Feb 2014
Article

Estates Pitfall: Former Spouses and Beneficiary Designations

The end of a marriage marks a time of transition, upheaval and emotional challenges. For those who are legally married but separated, or who are in a ...
Feb 2014
Article

A Marriage Under Sharia Law Can be Valid in Ontario

Under Ontario law, when a couple separates, a claim may be made pursuant to the Family Law Act for an equalization of net family property. This equali...
Feb 2014
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