Focus On



Monday, November 25, 2019 @ 1:00 PM

November ‘Make a Will Month’ in Ontario make_will_sm

For wills and estate lawyers however, solicitors and litigators alike, November is associated with only one thing: wills. This is because November is “Make a Will Month” in Ontario. “Make a Will Month” is a public awareness campaign championed across Ontario by the Ontario Bar Association (OBA). ... [read more]

Monday, November 25, 2019 @ 9:51 AM

B.C. Crown agency now overseeing family maintenance orders

In British Columbia, the enforcement of family maintenance orders is no longer being left to outsiders. The BC Family Maintenance Agency, a new Crown organization established by the Ministry of the Attorney General, is up and running as of Nov. 1. Gone are the contractors who oversaw enforcement for almost three decades. ... [read more]

Friday, November 22, 2019 @ 2:07 PM

Death while divorcing Wilted roses in snow

A relationship has broken down and now the parties have separated and agreed to divorce. But what happens when someone dies in the midst of divorce proceedings? Where does that leave things? ... [read more]

Friday, November 22, 2019 @ 9:57 AM

New associate for Beard Winter family law group

Beard Winter LLP announced that Ibtisam (Ibbi) Jemal joined the firm’s family law group as an associate after previously articling at a boutique family law firm in Toronto. ... [read more]

Thursday, November 21, 2019 @ 10:40 AM

Appeal Court underlines courts’ discretion not to make contempt findings Osgoode Hall

Court orders are not suggestions. When judges make orders, they expect them to be followed and can impose significant consequences on those who fail to do so. A finding of contempt is the most severe of them all and due to its seriousness, should only be used as a last resort. ... [read more]

Tuesday, November 19, 2019 @ 2:22 PM

How business owners can avoid problem of double dipping Arrow on greenboard

In Boston v. Boston 2001 SCC 43, the Supreme Court of Canada addressed the issue of “double dipping” or “double recovery,” where an asset is included in a spouse’s net family property for equalization and also as income for support purposes. ... [read more]

Tuesday, November 19, 2019 @ 8:28 AM

CUSTODY AND ACCESS - Practice and procedure - Contempt

Appeal by the father from an order finding him in contempt of a court order that governed the parties’ parenting arrangements. ... [read more]

Monday, November 18, 2019 @ 12:23 PM

Family bar warns of injustice after Divisional Court blocks most appeals of flawed interim support orders Gary Joseph

Ontario family law lawyers say a rule change or other fix may be needed after a controversial Ontario Divisional Court judgment that clamps down hard on applications to appeal temporary orders in family law cases. Counsel are raising concerns that more clients than before will suffer for months, or even years, under onerous temporary support rulings that are arguably (or obviously) legally flawed, but can’t be appealed following the Divisional Court’s Nov. 8 written endorsement in Lokhandwala v. Khan 2019 ONSC 6346. ... [read more]

Monday, November 18, 2019 @ 9:09 AM

EQUALIZATION OR DIVISION - Company shares, stock options - Valuation date

Appeal by the husband and cross-appeal by the wife from trial judgment respecting division of property and spousal support. ... [read more]

Friday, November 15, 2019 @ 9:10 AM

Till debt do us part: dividing liabilities Ax breaking chain

When most people think of family law cases, they think of fairly dividing the family assets: the house, the car, perhaps the heirloom grandfather clock. The flip side of the coin, however, is less straightforward. What is the best approach to untangling not just the assets, but the liabilities? ... [read more]