Tinpixels via Getty Images
SolStock via Getty Images
Family stress and events such as separation and divorce can have significantly negative consequences on productivity. And with stress-induced conditions being an important cause of long-term disability claims, it's important that organizations provide tools to empower their employees to deal effectively with these issues.
Avosb via Getty Images
I practised family law from 1985 to 2009 and was never so relieved in my life as when I finally stopped. From that vantage point, there were things that I was easily able to predict. One of them was that some men would be driven to suicide by the burdens the law thrust upon them.
Minerva Studio via Getty Images
There are two Ontario statutes to be considered in the family law context of estate administration. The first statute is the Succession Law Reform Act, and specifically Part V thereof, which governs t...
Sam Edwards via Getty Images
It is not simple to resolve conflict within businesses where people bring in different points of view, cultures and values. Resolving conflict within a family may be even more complex because the memb...
Gajus via Getty Images
Prenups don't have to be all one-sided in favour of the family that wants to protect hard-earned assets. I find that bringing fairness and a balanced approach will often allow the young couple to reach a satisfactory agreement.
The way the law works needs to change. As a lawyer, I would much rather help a dozen clients for a few hours each, on an unbundled basis, than spend weeks representing one client in a drawn-out trial. I am confident many of my colleagues feel the same.
Creatas via Getty Images
The PM's behaviour has provoked concern and anger from MPs and Canadians all over the country. What are the potential legal consequences of the PM's shoving and manhandling? Well, threatening, hitting, kicking, punching, harassing and shoving another person are all offences punishable under the Criminal Code of Canada.
Elena Sychugina via Getty Images
According to a recent study, fully one-third of Canadians will experience a legal problem within any given three-year period. This includes divorcing parents needing child support, small business owners trying to make a living, homeowners facing unscrupulous contractors, hard-working Canadians in conflict with their employers.
With nearly half of all marriages ending in divorce, second marriages and blended families continue to become increasingly common. As a result, estate lawyers are more frequently encountering complex family dynamics and legal issues that involve family law.
Goran Bogicevic via Getty Images
Most people will need a lawyer at one point in their lives. Whether it is a home purchase or a will, a bankruptcy or a divorce, lawyers are a necessary part of our society. There are many different layers of client service within that framework, and every client wants to be treated as #1.
Image Source via Getty Images
When it comes to wills/estates planning, as mentioned, the state of one's intimate relationship(s) becomes critical. Although I promised not to bore you with all of the nuances, I'm going to temporarily break that promise to name a few facts to illustrate my point:
lofilolo via Getty Images
What divorcing spouses and partners don't realize is there are very real consequences of dysfunctional divorce that affect mental, emotional, and developmental well-being and behaviour of children. The effects of divorce trauma become more pronounced the longer a divorce drags on. And two or five years in the life of a child is a huge percentage of time.
Speaking of emails, most lawyers spend a lot of time reading lengthy email missives from their clients, and also multiple strings of nasty emails between client and his or her spouse, many of which will be producible for court. Hard to predict in advance whether you'll need to read a hundred emails or several thousand.
Family law and estate law often function independently. However, when a spouse dies, features of both practice areas quickly become interconnected.
How do you enter into a common-law relationships in the first place and when do various rights vest? For those of you living with a partner or considering doing so (or if you have adult children considering same), I suggest that you grab a cup of coffee, sit down and read the following paragraphs a few of times over.
Today, I launched an advocacy initiative called It's Time For Justice. For 20 years now, we have been talking about improving access to justice in Canada and we have made barely any progress. We need to reduce both the time and costs to get divorced.
The question put to the Ontario Court of Appeal in Carrigan v. Carrigan Estate was whether a current common law spouse, or a separated but legally married spouse, should be entitled to receive a pension death benefit upon the passing of the member of a pension plan.
The shift: divorce and other complicated family dynamics mean closer ties between the two worlds of family law and estate law. As family dynamics shift away from the previous norm of a single traditional marriage and nuclear family, and toward increasing numbers of second and subsequent marriages, blended families, and common law relationships, the need for estate planning becomes a more pressing and complex concern.
Many couples in B.C. who live together were likely shocked to find out they were essentially married Monday morning after the province's Family Law Act came into force. One person's new car becomes "f...
Senator Brazeau's arrest and jailing dominated the news this week. However, thousands of Canadians who have been through even the most minor domestic violence incident know that criminal law is applied with no mercy and no balance, well before anyone gets their day in court. While Senator Brazeau is the man in the spotlight, thousands of other Canadian men and women accused of a range of domestic violence have suffered the same punishments and the same obstacles to reconciliation while waiting for criminal courts to make decisions.
There has been a colossal breakdown of the Archie family business, and it sounds like something right out of the movies; egos, lawyers, yelling matches, sexual harassment claims, defamation lawsuits and restraining orders. This one has it all. It makes me think of different measures that friends and family members can take when entering into businesses ventures
Rene deBlois agreed that he would just be a sperm donor for his friend and her same-sex partner, and that he would not play any kind of role in the child's life. Now deBlois says he was coerced into the latter part of this arrangement and that he believes he should be recognized as the child's father. On the surface, this may seem logical, but in reality, this is a case about the rights of the child.
I can think of no better way of calling awareness to the rights of women than promoting a new initiative called the Integrated Domestic Violence Court. To do so, I recently had the pleasure of interviewing the Honourable Mr. Justice Joseph W. Bovard, a sitting judge in the Ontario Court of Justice in Toronto.
As the baby-boomer generation ages, their children face the prospect of having to support them. In Ontario this has been legislated in the Family Law Act. Despite seeming innocuous at first, this is an unfair law.
A cohabitation agreement deals with a couple's rights and obligations in the event of a breakdown of the relationship. Cohabitation agreements are a terrific way of avoiding expensive and nasty disputes after a relationship fails since all of the parties' rights are spelled out in a contract.
Q: Can you explain the difference between a "legal" interest in property vs. a "beneficial" one? My lawyer has mentioned this a few times and says it's important to my case, but I'm too embarrassed to tell him I just don't get it.
All of my clients are easily divided into two groups: magnet holders and dust collectors. Magnet holders take their newly signed separation agreement and put it on their fridge with a huge magnet. They refer to it daily. Dust collectors put their newly signed agreements in a drawer and let them collect -- you guessed it -- dust.
Each week I will answer questions about a particular aspect of divorce law. I'll provide a basic understanding of the law and some helpful tips. I may even spice things up with an interview with a lawyer who completed a noteworthy case or even a client who's consented to having their information in the public domain.
It should come as no surprise to anyone that many Canadians cannot afford a lawyer. In fact, lawyers often joke that if they had to pay a lawyer, they too couldn't afford it. Nowhere is this dilemma more obvious than in family courts.
Collaborative divorce sounds wonderful and for some separating couples it is effective. Whether it can be said to be less expensive is another issue.
Our legal system does neither parent any favours. With lawyer's fees in the tens of thousands of dollars, many Canadians wander alone into family court like sheep to the slaughter. My solution? Take family law out of court.