Ontario Family Law Blog

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Latest from Ontario Family Law Blog

My ex-spouse is entitled to how much? A new change to the law gives spouses (and ex-spouses) of those who die without a Will even more of their estate

March 31, 2021

By: Rod Grierson I have a fool proof way of helping insomniacs fall asleep without resorting to medication, crystals, ointments, or any woo woo whatsoever. Here’s my trick: Step 1: explain the importance of having a Will Step 2: repeat step 1 in more detail until result is achieved My 2 step program is a tried and true method of curing even the hardest insomnia cases. I have dozens of case studies to back it…

Ontario Family Law Blog

Grandparents, Child Abuse Crisis and the Pandemic

By Lynn Kirwin

February 9, 2021

Having practiced child protection law for over 30 years, I am extremely alarmed by the abuse crisis that has emerged during the pandemic that has been permitted to remain unchecked. The pendulum has swung to the extreme of keeping stressed parents together with their children, at all costs. This, at a time, when it is a fact that during times of parenting stress, there is an increased incidence of abuse. The pandemic has brought about…

Ontario Family Law Blog

Setting Aside a Domestic Contract

By Farah Sidi

December 16, 2020

By Farah Sidi, Lawyer, Galbraith Family Law Just a case of buyer’s remorse…or, something more? Challenging domestic contracts in Ontario are becoming commonplace Court proceedings dealing with setting aside a domestic contract, or a part thereof, are very common today. In fact in recent years, a significant amount of family law litigation has arisen solely as a result of these types of cases. Although many family lawyers find themselves dealing with these issues on a…

Ontario Family Law Blog

Families Have Changed: New Legislation is Finally Catching Up

By Farah Sidi

December 1, 2020

By Farah Sidi, Lawyer, Galbraith Family Law Although legislation may seem quite uninteresting to many, it does have a very significant impact on families separating in Canada and the outcomes of family law matters. Legislation reflects how the family structure is viewed in society and when laws are not updated or modernized in the way Canadian families have changed over the years, it can create big issues. Gone are the days where dad was considered…

Ontario Family Law Blog

If I get married is my will still valid?

By Brian Galbraith

September 18, 2020

When you marry, any existing Will is automatically revoked. In the situation of this, the rule of law takes charge in deciding how your assets are divided, until the parties involved in the marriage contract renew their Wills to effect their new status. Mostly, this would mean your entire estate would go to your wife, husband or civil partner – which may not be what you precisely want. Making a Will before marriage is important…

Ontario Family Law Blog

Should You Send Your Child to School or Do Homeschooling: A Legal Perspective

By Brian Galbraith

September 1, 2020

By: Brian Galbraith A hot issue debated by parents is whether to send their children to school or have them do home-schooling. Once the school year has begun, you may be wondering if you made the right decision. If you are separated or divorced, it may be an even more difficult issue to resolve. You both wish the best for your children but disagree about whether that means attend school or stay at home. We…

Ontario Family Law Blog

More Zoom, please!

By Lynn Kirwin

July 6, 2020

Family and friends happy moments in video conference at home

PDF format, sync.com, Zoom, email, screen-sharing, host, co-host, muted, video feed. These words are now part of the parlance of the new and improved court system…at least in some Ontario jurisdictions. However, in other Ontario jurisdictions, Jurassic park is still alive and well and unfortunately for the people that we, the legal profession serve, dinosaur judges still rule the planet in those jurisdictions. Just prior to the strike of Covid19, permission to attend by teleconference,…

Ontario Family Law Blog

Is my Case “Urgent” for Family Court during COVID-19? Can it be Heard by a Judge?

By Livia Jozsa

April 17, 2020

I have had several clients ask me if their case is truly “urgent” and if it can be heard by a judge during the COVID-19 crisis. Right now, since Family Courts in Ontario are all closed, only the most urgent cases are being heard by the Courts. However, the legal definition of “urgency” is different than that used by people in their daily lives. What you or I may see as “urgent” may be different…

Ontario Family Law Blog

Video Conferencing in Family Court – We Need It Now

By Lynn Kirwin

April 3, 2020

In the Canadian commercial law context, electronic trials (paperless trials), while not the norm, have been embraced by some members of the judiciary as early as 2014. For example, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case, called upon members of the judiciary and counsel to make greater use of modern information technologies in court. Justice Brown ordered an electronic trial over the objection of counsel. In another commercial litigation…

Ontario Family Law Blog

Wake-up Call – Covid-19: Now’s the time to use technology in the Ontario Family courts.

By Lynn Kirwin

March 30, 2020

With Covid-19 our family courts have virtually ground to a halt. Yet, Skype has been readily available for many years and Zoom meetings are now routinely being used by members of the public in this time of social distancing. In 2014, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case, had this to say about the Canadian legal system: Let me express my profound frustration as a judge who has tried…

Ontario Family Law Blog

Blog Authors

My ex-spouse is entitled to how much? A new change to the law gives spouses (and ex-spouses) of those who die without a Will even more of their estate

Grandparents, Child Abuse Crisis and the Pandemic

Setting Aside a Domestic Contract

Families Have Changed: New Legislation is Finally Catching Up

If I get married is my will still valid?

Should You Send Your Child to School or Do Homeschooling: A Legal Perspective

More Zoom, please!

Is my Case “Urgent” for Family Court during COVID-19? Can it be Heard by a Judge?

Video Conferencing in Family Court – We Need It Now

Wake-up Call – Covid-19: Now’s the time to use technology in the Ontario Family courts.

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