Life (Insurance) After Divorce
May 2, 2017 By Brad Smith The court decision of Moore v. Sweet has some harsh lessons for separating spouses and life insurance. Ms. Moore was married to Mr. Moore. After separation, Mr. Moore and Ms. Moore had an oral agreement he would designate Ms. Moore as the beneficiary of his life insurance policy. Ms. Moore agreed to […]
A Child’s Withdrawal From Parental Control
February 14, 2017 By Brad Smith When can a child withdraw from parental control? How does the child do this? What is the role of the school, the police, the parents or the Court? All of these questions were answered by the Ontario Court of Appeal in R.G. v. K.G. A father interfered with the access between […]
Bill 34 – Children’s Law Reform Amendment Act (Recognizing Relationship With Grandparents): A Symbolic Change
January 20, 2017 By Brad Smith Co-Authored by Nick Baxter (Law Student, Bora Laskin Faculty of Law) Bill 34, the Children’s Law Reform Amendment Act (Recognizing Relationships with Grandparents), 2016, came into force on December 8, 2016. It amended section 21(1) of the Children’s Law Reform Act to state “a parent of a child or any other person, including a […]
The New Canada Child Benefit
October 11, 2016 By Brad Smith The Canada Child Benefit (the “CCB”) replaces what used to be known as the child tax benefit and universal child care benefit. The good news is the CCB increases the amount of benefits received compared to the combination of the child tax benefit and universal child care benefit. Some highlights: […]
Mobility Rights And Relocation In Family Law
[vc_row][vc_column][vc_column_text]May 22, 2015 Change is a fact of life for all families, and this is particularly true in the area of family law when it comes to determining what will happen when the parent with legal custody of a child decides to relocate after a separation. There may be many reasons for a move, perhaps […]
Marriage With A Business – Consider A Marriage Contract
[vc_row][vc_column][vc_column_text]May 12, 2014 By Brad Smith What happens when a husband and wife separate and they are partners in a business? Can one spouse be required to buy, or sell, his or her interest in the partnership? The Ontario Court of Appeal said no in the decision of Danecker v. Danecker. The Court confirmed that separated spouses are not […]
Preparing Financially For Separation
[vc_row][vc_column][vc_column_text]December 29, 2014 By Martha Petryshyn Do you think your relationship is coming to an end? Do you know what to do to ensure that your life after separation and divorce at least approximates the lifestyle you enjoy while with your spouse? Many people focus on the social side of separation and divorce, and while this […]
Grandparents: Do I Have A Right To See My Grandchildren?
[vc_row][vc_column][vc_column_text]September 22, 2014 While grandparents may feel a strong connection to their grandchildren, sometimes they may not be able to see their grandchildren, for a number of reasons, including: death of a child, relocation of a child, alienation of a child, or divorce or separation of grandchildren’s parents. Grandparents may ask what they can do […]
Straight Talk On Weddings And The Law: Part II
[vc_row][vc_column][vc_column_text]August 11, 2014 By Fhara Pottinger In my prior article on this topic, I explained why it is important to get it in writing and be specific. Recent news reports have illustrated this again. A young couple are suing the hotel in which their wedding was held due to the behaviour of one of the other hotel […]
Matrimonial Homes And Property Rights On First Nations Lands
[vc_row][vc_column][vc_column_text]July 25, 2014 On June 19, 2013, the Family Homes on Reserves and Matrimonial Interests or Rights Act (the “Act”) received royal assent, and became law. Prior to the Act, courts could not make orders at all about the possession or sale of a family home (or any other on-reserve real property interests), and division of the proceeds […]