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Media Mentions

Court Strikes Family Law Firm’s $72,500 “Premium” as Being a Contingency Fee

Posted October 3, 2017

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Court Strikes Family Law Firm’s $72,500 “Premium” as Being a Contingency Fee

Most of you will be familiar with “contingency fees”, meaning the fees a client agrees to pay a lawyer only if the lawyer is successful in the litigation for which he or she is hired.   They are most often used in personal injury matters, with the lawyer’s fee being calculated as a percentage of ...

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If the Wife Goes to Stay with Her Mother – Does the “Clock” on their Relationship Start Over?

Posted September 28, 2017

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If the Wife Goes to Stay with Her Mother – Does the “Clock” on their Relationship Start Over?

In Whalen-Byrne v. Byrne, the issue for the family court seemed simple enough: It was to determine the precise duration of the former couple’s relationship, which in turn would drive the duration of spousal support the husband had been adjudged to owe the wife.

And the beginning and end dates ...

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Wednesday’s Video Clip: Finding a Lawyer

Posted September 27, 2017

https://www.youtube.com/watch?v=grxZ6tV4p50

Wednesday's Video Clip: Finding a Lawyer

In this video we talk about the various ways people can find a lawyer to help them, including:

Community Legal Clinics

Community legal clinics provide legal services to low-income people in areas such as housing, employment insurance, income support, immigration, human rights, and workers' compensation. Some clinics also provide assistance with wills, powers of attorney, and education law. To find the community legal clinic nearest you, visit the Legal Aid Ontario web site or call ...

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Mother’s Bid to Relocate Child – Was it Just a Pretext to Join New Romantic Partner?

Posted September 26, 2017

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Mother’s Bid to Relocate Child – Was it Just a Pretext to Join New Romantic Partner?

The parents of a 5-year old boy had separated in 2015, and had a court-approved agreement as to joint custody and shared parenting.  The mother now wanted to relocate with her son from Cochrane, Ontario to Thunder Bay where she had multiple job offers waiting.  She had recently quit her job as a ...

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Couple’s Use of Support Set-Off Calculations Costs Husband His $15,000 Tax Credit

Posted September 21, 2017

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Use of Support Set-Off Calculations Costs Husband His $15,000 Tax Credit

The husband and wife separated in 2011.  Based on their respective yearly incomes, they amicably resolved their issues as to child support by way of an agreement and consent order that was filed with the court.   They reached an agreement on child support by using a software program which, as the court put it, ...

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Wednesday’s Video Clip: How Base Child Support is Calculated

Posted September 20, 2017

https://www.youtube.com/watch?v=6y4McRjgZLs

Wednesday's Video Clip: How Base Child Support is Calculated

In this video we discuss how the Child Support Table in the Guidelines sets out the amounts of support to be paid, depending on the "gross income" of the paying parent and the number of children that the support order covers. Gross income means before taxes and most other deductions. The amounts to be paid are based on the average amounts of money that parents at various income levels spend to raise a child.

In simple cases, the table alone will determine how much ...

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Religious School’s Barring Child of Same-Sex Couple Not a Breach of Human Rights

Posted September 19, 2017

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Religious School’s Barring Child of Same-Sex Couple Not a Breach of Human Rights

In a perhaps-surprising decision of an adjudicator of the Human Rights Tribunal of Ontario, a Christian evangelical school that refused to admit the adopted son of a married same-sex couple was held not to have breached the anti-discrimination provisions of the Ontario Human Rights Code (the ...

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Child’s Aboriginal Heritage Not a “Super-Weight” Factor in Adoption, Court Rules

Posted September 14, 2017

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Child’s Aboriginal Heritage Not a “Super-Weight” Factor in Adoption, Court Rules

Recently I wrote about a Charter-based challenge to certain provisions of the Ontario Child and Family Services Act, where a Métis father claimed that provisions of that Act offended his child’s right to equality under the law.  He claimed that because the term ...

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

Posted September 13, 2017

 

https://www.youtube.com/watch?v=RjNB_7rb7_M

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 law school with a student-run legal information service

6. A law society or bar ...

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Was Parents’ Money a Gift or Loan? The Perils of Poor Documentation

Posted September 12, 2017

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Was Parents’ Money a Gift or Loan? The Perils of Poor Documentation

Picture this not-uncommon scenario:   The parents provide their newly-married adult daughter or son with a significant amount of money to put towards the down-payment of a first home.

All goes well until a few years later when that son or daughter, ...

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