Family and Personal Law


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Terms of Separation Agreement no Bar to Claim under SLRA

The Ontario Superior Court of Justice has held that a waiver of spousal support in a separation agreement does not bar an application for support under the Succession Law Reform Act.

The court held that the deceased gave up his right to rely on the waiver when he permitted his former common law spouse to become [...]

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April 26th, 2004 | admin | 0 comments | Continued
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Solicitors’ Obligation in Assessing Client’s Capacity

Recent decisions in the courts of Ontario seem to extend the responsibility of a lawyer in determining the capacity of a client to make a Will.

In light of the increase in estate litigation regarding solicitors’ obligations towards testator client and beneficiaries, two recent decisions in the courts of Ontario seem to extend the responsibility of [...]

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April 19th, 2004 | admin | 0 comments | Continued
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Estate Planning and Common-Law Spouses

Common-law spouses still do not enjoy the same rights and protections under provincial family law and estates statutes accorded the legally married.
In Ontario, same-sex-partners and common-law spouses are accorded only limited rights under the Succession Law Reform Act.
If a legally married spouse dies without leaving a valid Will, his or her surviving spouse is automatically [...]

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March 17th, 2004 | admin | 3 comments | Continued
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Lawyers Required to Advise Clients Regarding Title Insurance

The Law Society of Ontario requires all lawyers, when acting for homebuyers, to inform their clients about title insurance and its advantages.
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Family and Personal Law

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November 5th, 2003 | admin | 0 comments | Continued
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Law Society warns lawyers about mortgage programs

Lawyers are being warned by The Law Society of Upper Canada to be aware of risks associated with programs involving residential mortgages. Under these programs, institutional lenders such as banks or trust companies have been using third party service providers to process mortgages. Consumers may be unaware that these third party service providers are even [...]

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October 29th, 2003 | admin | 1 comment | Continued
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Beyond Conjugality - Recognizing and Supporting Close Personal Adult Relationships

“Through the legal regulation of personal adult relationships, the state has recognized and supported some relationships but failed to recognize others; as a result, people’s choices are not being respected.”

“The law at one time focused almost all of its attention on marital relationships to the exclusion of other personal adult relationships. Legislatures and Parliament have [...]

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October 29th, 2003 | admin | 1 comment | Continued
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Inheritance Rights and Same-Sex Couples

“A man who dies without a Will has lawyers for his heirs.”
It’s an old adage but quite true, and if the consequences of this oversight are painful for most, the sting can be especially sharp in the case of lesbian and gay couples.

A Will is a means by which you exercise control over your estate [...]

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October 29th, 2003 | admin | 0 comments | Continued
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Tax Deductibility of Legal Fees

The Federal Court of Appeal has finally put an end to the controversy over the Bergeron decision, dealing with the deductibility of legal fees by the support recipient.
Archambault T.C.J. declared in Bergeron v. R. - in obiter - that the Income Tax Act does not permit a spouse who receives support to deduct legal fees [...]

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October 13th, 2003 | admin | 0 comments | Continued