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Deceased’s Estate Division Pits Sister and Ex-Wife Against Each Other

Posted February 27, 2017

Deceased’s Estate Division Pits Sister and Ex-Wife Against Each Other

Here’s a slightly convoluted tale, but it’s an interesting one involving a dispute between the estranged wife and sister of a deceased man over his estate. Here is the cast of players:
1) Paul, who died in 2013.
2) His wife Pauline, from whom he separated in 2002.
3) Paul’s sister Rita, to whom he left half his estate, and who was also his ...

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Court to Delinquent Husband: If You Don’t Play By the Rules, You Don’t Get to Play

Posted February 23, 2017

Court to Delinquent Husband: If You Don’t Play By the Rules, You Don’t Get to Play

A while ago I reported on one of several decisions in the ongoing litigation saga in Schwilgin v. Szivy, where the self-represented husband had made some procedural missteps in his divorce dispute with the wife. He had brought a series of appeals of judgments unfavourable to him, but was not always prompt in taking the ...

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Wednesday’s Video Clip: 10 Ways to Get Information About Family Law

Posted February 22, 2017


Wednesday's Video Clip: 10 Ways to Get Information About Family Law

In this video we discuss how there are many professional people, organizations and other sources that can help you or provide information about family law issues:

1. An information centre specializing in family justice

2. A parent education course for separating parents

3. Duty counsel at a legal aid office

4. A community legal clinic

5. A university ...

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Wife Dumps Husband Over Trump

Posted February 20, 2017

Wife Dumps Husband Over Trump

Recently I wrote about a man who was so desperate to leave his wife of 31 years that he robbed a bank in order to get thrown in jail.

To add to the theme of “precipitous separations”, there was report in the U.S. recently of a 73-year-old woman, Gayle McCormick, who decided to end her 22-year marriage because her husband announced, during lunch with friends, that he was planning to vote ...

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Can a Parent be in Contempt When Kid Disobeys a Court Order?

Posted February 16, 2017

Can a Parent be in Contempt When Kid Disobeys a Court Order?

In many of the child custody and access cases I write about, the central dispute boils down to the fact that the parents of the child are at odds in terms of what custody arrangements they want and how much access they should each have to the children.

But even once a court order is in place, the disagreements can continue, because the parents may be ...

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Wednesday’s Video Clip: Confidentiality

Posted February 15, 2017


Wednesday's Video Clip: Confidentiality

In this video we discuss how all information you provide to your lawyer is completely private and confidential. All the details of your case will be handled with the utmost confidentiality and respect for your privacy.

The privilege of confidentiality between solicitor and client is, in law, a protection which belongs to the client. Therefore, it is up to the client, only, whether or not ...

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Can a Judge Go “Off the Map” When Making a Ruling?

Posted February 13, 2017

Can a Judge Go “Off the Map” When Making a Ruling?

In an interesting recent Court of Appeal case named Gomez v. McHale, a question arose as to whether a motion judge, asked to award an amount for equalization of net family property, was constrained to award only the exact dollar amount proposed by the spouse who succeeds on the motion, or whether the judge was entitled to craft a different monetary award that made ...

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“Revenge Porn” Case Goes Back to the Drawing Board

Posted February 9, 2017

“Revenge Porn” Case Goes Back to the Drawing Board

A year ago I reported on a case in which a young woman had been awarded over $100,000 in damages from her former boyfriend, who had engaged in “revenge porn” after their break-up. Without her consent, he had posted explicit images of her online, and shared them with members of their mutual social circle, much to her extreme humiliation.

Because he had declined ...

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Wednesday’s Video Clip: When Can A Parent Apply For Child Support

Posted February 8, 2017

Wednesday's Video Clip: When Can A Parent Apply For Child Support

In this video we discuss how parents who have their children living with them after separation can apply for child support at any time. Usually they apply right after they separate or as part of their divorce application. They often apply for custody and child support at the same time. It is usually best to deal with these matters as early as possible.

Sometimes ...

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Do Judges Need to Actually Give Reasons?

Posted February 6, 2017

Do Judges Need to Actually Give Reasons?

For those of you “armchair lawyers” who like to follow real-life trials, watch TV crime shows, or even just read books by John Grisham, here’s an interesting question for you:

In law, can a litigant appeal a judicial ruling simply because the judge’s reasons were brief?

The answer is: Maybe.

The sparseness of the reasons given by the trial judge was among the grounds ...

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