7 Rules of Court Etiquette

Whether you’re being summoned to court, or just decide to sit in a trial (did you know most courtrooms are open to the public?), it’s important to remember that court is a serious place that deserves respect.   It’s important to be aware of the expectations in court, so to better prepare you for the…

I Want to Start My Own Business, Now What?

The lightbulb went off, and you’re ready to take the leap and start your own business – but now what? Let’s be honest, starting a company is a lot of hard work. The process can be long, intimidating, and not for the weary.   Despite the initial hesitations, the thought of being your own boss…

Inter Family Gifts vs. Inter Family Loans

Money advanced to a married person by a family member often becomes the subject of controversy in family law litigation.   For example, it is not uncommon for parents to advance money to their adult child in order to help fund the down payment of a home for the adult child and his or her spouse.  …

Update on Grandparent Custody

The recent decision in the matter of Nichols v. Herdman, 2015 CarswellOnt 9262 (Ont. S.C.J.), sets out what grandparents are required to prove in order to obtain a court order for custody/access of grandchildren. In this case, the grandparents brought a motion seeking several orders with respect to their grandchild, Megan, including joint custody, primary care…

ABB Welcomes Associate Jennifer Williams

Augustine Bater Binks LLP is pleased to welcome Jennifer Williams as its newest associate lawyer. Jennifer was born in Windsor, Ontario and raised in Orleans, Ontario. She studied commerce with a specialization in accounting for three years at the Telfer School of Management before making the switch into law. Jennifer graduated from the French Common…

Virc v. Blair: The Duty of Disclosure in Family Law Settlement Negotiations

In Virc v. Blair, a recently decided Ontario Court of Appeal case, the Court considered the requirement to make full financial disclosure prior to signing a separation agreement and the parties’ respective obligations to investigate the veracity of said financial disclosure. Virc was initially decided on a summary judgment motion. The parties had executed a…

Changes to Canada Not-For-Profits Corporations Act Require Compliance By All

In an effort to modernize its statutes and processes, the Government of Canada has brought about wholesale changes to the Canada Not-For-Profit Corporations Act (“the new NFP Act”). All federal not-for-profit corporations must complete the process to transition to the new rules no later than October 17th, 2014. Any not for profit corporation which fails…

Common Law Spouses and Property Division in Ontario

Common law couples do not have the right to seek an equalization of family property under current Ontario legislation – this fact cannot be overstated.  As discussed in a previous post by my colleagues: Division of property is dealt with in Part I of the Family Law Act. When married couples separate, generally speaking they…

Spousal Support Formulas: The Basics

Determining Factors for Spousal Support Entitlemen The Supreme Court of Canada in Bracklow v. Bracklow identified three bases for spousal support entitlement: contractual, compensatory, and non-compensatory, Contractual support would be support based on any agreement that existed between the parties. Compensatory support is meant to reimburse the spouse for choice’s they made during the marriage…

Equalization Claim by a Surviving Spouse

The Family Law Act (the Act) makes provision for an equalization claim by a surviving spouse. Section 6(2) of the Act allows a surviving married spouse (i.e. not a common law spouse) to elect between his or her succession rights under a will and his or her equalization claim under the Act. For example, a…

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