Family Law

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Where Are We Now? Accessing the Current Ontario Family Justice System

Western Law, Masters of Laws Research Papers Repository

Access to family law justice has been identified as a crisis in the Canadian legal system for decades. Over the years, prominent family law scholars have published numerous reports and articles outlining recommendations to make the justice system more accessible,...

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Estate freezes and family law in Ontario: What you need to know

An estate freeze is an estate/tax planning structure where the owner of an appreciating asset locks in or freezes the current value and associated tax liability of that asset prior to death. The future growth of that asset, as well...

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What is a “common law” relationship?

People often refer to themselves as being in a “common law” relationship, or being “common law” spouses, but from a legal perspective, what does that actually mean? This blog post will explore some of the key differences between a “common...

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COVID-19 vaccines for kids: What happens when divorced and separated parents disagree?

The COVID-19 vaccine has recently been approved for children aged 12 and up. For many teens and parents this is good news and signals a return to pre-COVID life. But what happens when separated parents disagree about whether their children...

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Living together, separately: Making a case for spousal support, without ever sharing an address

Common law relationships are increasingly becoming the norm as more people are consciously choosing not to marry.  In Ontario, there remains to be a different set of legal rights, obligations and entitlements to those in a common law relationship versus...

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Living apart together relationships

Can two people qualify as “spouses” if they do not live together? This post looks at “living apart together” (or “LAT”) relationships from the perspective of spousal support. Long-term, committed LAT relationships are not entirely uncommon. For a variety of...

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Can I waive support in a separation agreement?

Many parties who are separating wish to avoid the time and expense of the court process and instead enter into a separation agreement. A separation agreement works like a contract which sets out all of the terms regarding the separation....

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“Yes, I do” – what does it entail?

When two people get married, they are naturally convinced that it will be for life, and don’t necessarily think about the financial ramifications of saying the famous “I do.” Unfortunately, some marriages do end in divorce. When our clients come...

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Make sure you are compliant with your support obligation when appealing

The Court of Appeal in Abu-Saud v. Abu-Saud, 2020 ONCA 824 (CanLII) recently affirmed its jurisdiction to quash or dismiss an appeal due to non-compliance of a spousal support order. In this case, the Respondent Wife was successful in her...

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There is ‘No Turning Back’ says the Canadian Bar Association

The Canadian Bar Association recently released its COVID-19 Task Force Report on justice issues which have risen due to COVID-19. This report assesses the immediate and evolving issues for the delivery of legal services resulting from the COVID-19 pandemic, outlining...

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