When married spouses separate, s.5(1) of the Family Law Act (“FLA”) provides that there will be an equalization payment made from the spouse with the greater net family property to the spouse with the lesser net family property (see our blog post here for an introduction to how net family property and equalization work). To […]
As discussed in the previous blog on child support, child support is generally seen as a non-negotiable support payment in the eyes of the court. However, there are ways to alter child support payments. This can be done through either a shared custody arrangement (see our blog post here), or by proving undue hardship. S. […]
Separation alone is difficult to deal with. When the issues concerning adultery, physical and mental cruelty become involved, it can make a difficult situation that much worse. If these concerns are a part of the separation between two spouses, courts here in Canada will implement a “no fault” regime. This means that when a person’s […]
One fear that some parents may have is whether their LGBTQ status might affect their rights when it comes to Custody and Access. Thankfully, this is not in and of itself a ground to refuse custody or access to a parent as the case law below will demonstrate. Custody As mentioned in our last post […]
In response to Bill C-45 recently taking effect, Geoff Rabideau has taken some time to put together a presentation outlining what we do currently know about the laws surrounding Cannabis in Ontario, and what some of the potential changes may be that we will notice in respect to real estate. Please keep in mind that […]
I have had clients in the past come to me with this question wondering if they could use the behaviour of their former spouse as evidence that custody or access should be limited as a result of their actions. While this could be true, generally it will only matter where those actions have an effect […]
Should you determine that your relationship is over and that you wish to get divorced, you will need to follow the process outlined below in order to officially terminate your marriage. If you are unsure about the nature of your relationship, take a look at our previous blog posts regarding Common law vs. Marriage and Separation […]
Canada’s new Cannabis laws came into force October 17th, 2018, and it is important that persons who choose to consume the drug be aware of what the new laws allow (for a summary of some of the new laws see http://www.justice.gc.ca/eng/cj-jp/cannabis/). Failure to properly understand the laws and what is permitted regarding possession, distribution, and […]
We are proud to announce that we will be holding a Food Drive from November 1st-27th in support of The Food Bank of Waterloo Region, and in the spirit of GivingTuesday. What is GivingTuesday? As stated on the GivingTuesday website: “It is a global movement for giving and volunteering, taking place each year after Black […]
What Are The Differences Between a Consumer Proposal and a Division 1 Proposal? Many people are surprised to discover that Insolvency Trustees are able to offer two different types of proposals through the Bankruptcy Insolvency Act. The first of these is the commonly-known Consumer Proposal, and the second is called a Division 1 Proposal. What are […]