News & Publications

Personal Lawyers

‘Predator’ Spouse, Take Note of Hunt v. Worrod

Written by on April 10, 2018.

Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod.[1] Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predato...

Financial Exploitation and Elder Abuse

Written by on February 21, 2018.

What is Elder Abuse? [1] Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his brother, Esau, thereby securing for Jacob an inheritance that was to go to Esau. Things worked out rather well for Jacob, what with his 12 sons, one of whom, with his multi-hued coat, inspired a musical. Thin...

Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis

Written by on February 07, 2018.

The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typically initiates a Will challenge. The parties were the two children of the deceased. The deceased had created a new Will not long before she passed, and she left the residue of her Estate to her young...

Twelve FAQ for Wills and Estates

Written by on January 03, 2018.

Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the questions I am most frequently asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get a copy of the will? What is required for a will to be valid? If there is more than one will, which one is valid? When should I receive my inheritance? The estate trustee (executor) is not resp...

How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?

Written by and on December 06, 2017.

When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance company in exchange for guaranteed tax-free payments for a specific number of years or for the recipient’s lifetime. While it is common to structure the payments on a monthly basis, the structure can als...

Video Testimonial – Insurance

Written by on November 09, 2017.

Our client suffered from Complex Regional Pain Syndrome (Reflex Sympathetic Dystrophy), causing her to take time off work due to the pressure in her chest. The insurance company limited her compensation. Civil litigation lawyer, Dagmara Wozniak, provided the legal support that our client needed to feel comfortable in the court room. She tells her story here: https://www.youtube.com/watch?v=vbtoOEmfsIo&feature=youtu.be [embed]https://www.youtube.com/watch?v=vbtoOEmfsIo&feature=youtu.be[/e...

Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”

Written by on October 19, 2017.

In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as "income" not "property" for the purpose of calculating equalization and support. In Hunks v Hunks, the wife was injured in an accident during the marriage. A portion of the proceeds of her personal injury settlement were used to create a structured settlement/annuity for her, which provided her with monthly pa...

The Importance of Good Lawyer Advice in Family Law

Written by on March 21, 2017.

“Common sense seems to have gone out the window”  Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Legal Aid of Ontario. In Abdulaali and Salihi, 2017 ONSC 1609, both parties were being assisted by Legal Aid.  The wife by Duty Counsel on her day at Court and the husband had a lawyer funded by a...

What is Alternative Dispute Resolution?

Written by on March 07, 2017.

In the context of a personal injury claim, alternative dispute resolution (also referred to as “ADR”), is a means for the parties to discuss a settlement of the claim without the need for a trial.  The term ADR can refer to mediation, arbitration or even formal settlement discussions.  ADR is becoming an increasingly popular approach to resolving personal injury cases in Ontario. In most cases, the parties’ participation in ADR is voluntary.  A common form of ADR is mediation.  Medi...

How To Legally Change Your Child’s Name In Ontario

Written by on February 07, 2017.

Periodically a client will ask if it is possible to change their child’s last name, from their former spouses’ name to their own, for example changing the child’s last name to their maiden name so the child and parent have the same last name. Firstly to apply to change a child’s name you must have legal custody the child. Further there cannot be a Court Order or Agreement that prohibits the change of the child’s name. So carefully review your Court Order or Agreement to see if this ...