Grandparent Rights in Custody Cases

When we talk about access, which includes the right to see a child, we tend to think only in terms of the rights of the child’s parents. However, as the number of families affected by divorce increases, extended family members, including grandparents, begin to worry about their relationship with their grandchildren and whether or not…

Wills 101 Mini-Series: Part I: Choosing an Executor

This first installment of our mini-series on wills is meant to provide some basic information about the selection of an executor. The estate trustee, also known as the executor, is the person named in a will who will be responsible for administering affairs after the death of the testator (the person making the will). This…

Matrimonial Home a Trap for the Unwary: Issue #1

The “matrimonial home” is given special treatment in the Family Law Act and that special treatment can involve huge unfairness to one of the parties to a marriage following marriage breakdown. One way in which this unfairness can arise involves a provision in the Family Law Act (paragraph 4(1)(b)) which defines “net family property” –a…

Wills and Estates 101 Mini-Series Part IV: Did He Die or Did He Separate?

In Ontario there is a family property regime set out in the Family Law Act (FLA) which provides for the equal sharing of property accumulated by married parties during their marriage. Note, this provision does not apply to common-law spouses. What happens if, after the death of one married spouse, it is discovered that the…

Full & Honest Disclosure Integral in Family Law Disputes

Subrule 13(6) of Ontario’s Family Law Rules states that any party serving a financial statement must make “full and frank disclosure of the party’s financial situation.” Financial statements must also be fully complete and submitted with supporting documentation. Despite the fact that full and accurate disclosure from both sides is an essential component to the…

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