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Personal Lawyers

What is “shared custody” and how is it calculated?

Written by on December 19, 2018.

In family law, the term “custody” usually means decision-making. Having “custody”  means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activities the child will take part in, and significant non-emergency health care decisions that need to be made for the child. Custody can be sole (where one parent has the sole authority to make major d...

Are gifts “income” for support purposes?

Written by on December 18, 2018.

In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear on a support payor’s income tax return. Could gifts still be included as part of a support payor’s income for the purpose of determining his or her support obligation? The answer to this question, a...

Imputing Income in Family Law

Written by on December 17, 2018.

Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your income tax return. But what if you’re self-employed, with a large amount of business deductions? What if you sold some property and have a large capital gain? What if you withdrew money from your RRSP? ...

Mortgagee Remedies in Ontario

Written by on December 10, 2018.

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following is a comparison of the three remedies, highlighting the benefits and disadvantages of each. Following a default, a mortgagee may sell the mortgaged property pursuant to a private power of sale. This remedy allows a mortgagee to force a sale of the ...

The All Families Are Equal Act

Written by on December 05, 2018.

On January 1, 2017 Ontario enacted the All Families Are Equal Act (the “Act”). The legislation amends several existing Acts, including the Children’s Law Reform Act, to establish new rules related to parentage, with the goal to ensure equal treatment for all parents, no matter their sexual orientation, capacity to reproduce or the number of parents in a child’s life. The existing legislation prior to the enactment of the Act failed to address conception through assisted reproductive tec...

Lenders Beware: Not All Charge Terms Are The Same

Written by on December 05, 2018.

When a lender, be they a large bank or a private individual, lends money to someone they will, in most cases, require security for that loan. One well-known type of security is the mortgage. A mortgage, otherwise known as a charge, is a lien or encumbrance on the property, giving the lender certain rights over the property if the borrower fails to comply with his or her obligations. Mortgages in Ontario are governed by a couple of different laws, primarily the Mortgages Act, the Land Titles A...

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Written by on November 06, 2018.

Frequently I meet with clients who inquire about having a Will prepared, given their separation.  They express concerns about their child(ren)’s future in the event something happens to them now that they are separated.  The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have questions about who will look after the property that you wish to leave to your minor child(ren) upon your death. In Ontario under the Children’s Law...

A Primer on Real Estate Issues in Estate Litigation

Written by on October 11, 2018.

This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts.  It also briefly reviews a pre-judgment remedy, i.e. the certificate of pending litigation, which regularly arises in such proceedings. The information below is not intended to provide an exhaustive analysis of ...

21st Annual Estates and Trusts Law Summit – October 10 & 11

Written by on October 05, 2018.

Siskinds associate Dagmara Wozniak will be speaking at the 21st Annual Estates and Trusts Law Society of Ontario Summit on October 10th, sharing her knowledge on the topic of “Real Estate Issues in Estate Litigation”. To find out more about the two-day summit, taking place at the Metro Toronto Convention Centre, click here: https://store.lso.ca/21st-annual-estates-and-trusts-summit-day-one

Changes to the Child, Youth and Family Services Act (CYFSA)

Written by on September 07, 2018.

A change has occurred this year in Ontario which impacts the delivery of child welfare services to children, youth and families. The Child, Youth and Family Services Act (CYFSA) came into force on April 30, 2018, with Part X scheduled to come into force in January 2020. The Child, Youth and Family Services Act (CYFSA) puts children and youth at the centre of decision making and supports more responsive and accessible service delivery to children, youth and families. Effective January 1, 20...