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…

Wills & Estates: Dual Wills

It is becoming increasingly common for lawyers to discuss or recommend to clients to have two wills prepared if the testator has a substantial investment in one or more private companies . This plan involves having one will to govern the estate assets that require probate and a second will to govern those estate assets…

Executor’s Compensation

What is it? Executor’s compensation is the money that is paid by an Estate to the trustee(s) or executor(s) who manage the Estate. A trustee or executor is the person appointed in a will to manage the affairs of the deceased’s estate. Although those terms refer to different roles they are often used together because…

Understanding Separation & Divorce

The term “divorce” has a very distinct legal meaning, yet many people fail to understand the difference between separation and divorce. Often the meanings of the two concepts are blurred together. To illustrate, a conversation around a water cooler somewhere in Ontario might go as follows: MAURICE:   Did you hear the news? Moe from marketing and…

Support for Common Law Spouses under the Succession Law Reform Act

When a person dies, his or her common law spouse is usually entitled to make a claim for support against the estate of the deceased partner, much like the situation between living spouses after a separation. Where the true nature of the relationship is in dispute, whether or not a person qualifies as a common…

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