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Carolyn Warner joins Russell Alexander

We’re proud to welcome Carolyn Warner to the Russell Alexander team

headshot of family lawyer Carolyn

Joining the Russell Alexander team is our new associate lawyer, Carolyn Warner. She has practiced family law exclusively for over eight years since her call to the bar in 2011.  She is committed to providing her clients with empathy and sound advice and prides herself on approaching all cases with an analytical and tenacious mind-set.

Fun facts about Carolyn:

  • Graduated from York University in the top 5% of her graduating class
  • She earned an award for outstanding ability in oral advocacy from the University of Windsor Law School
  • Carolyn loves crime drama television series; in particular, she enjoys watching the Wire and Luther
  • Her  favorite movie is Mean Girls
  • In 2018, Carolyn travelled to Los Angeles to watch the NBA All-Star Game
  • One of her bucket list items is to hike up to Machu Picchu, a UNESCO World Heritage Site in Peru

Welcome to the team, Carolyn!

Wednesday’s Video Clip: Enforceable Marriage Contracts

 

What makes a marriage contract enforceable?

• Ensure the contract is in accordance with the prevailing law,

• Financial disclosure from both parties,

• Disclosure of all assets,

• Disclosure of all debts,

• The contract should be a product of full and fair negotiation.

 

Answer provided by family lawyer, Lori Dubin.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Lori Dubin joins the team at Russell Alexander Collaborative Family Lawyers

lawyer portrait

Lori Dubin is now an associate lawyer at Russell Alexander Collaborative Family Lawyers. She is recognized for her client-centered approach and efforts to provide practical and efficient advice in order to achieve the best possible results. She has extensive experience in resolving high conflict cases and successfully settles most of her cases prior to trial.

Lori has practiced law for over 15 years. Prior to working in family law, Lori had 11 years of experience as a criminal trial lawyer with a focus on crimes arising out of domestic relationships. During her academic career, Lori was the recipient of several scholarships based on her academic achievement at York University. She achieved magna cum laude in her final year of her Honours Bachelor of Arts degree program in Psychology and Mass Communications.

Lori studied for her LLB at Osgoode Hall Law School, graduated in 2003 and was called to the bar after a year of Articling for a prominent Toronto firm. She’s trained new lawyers at the Law Society of Ontario’s Law Practice Program, acted as an articling principle, adjunct professor at various institutions, and commentator on Court TV Canada. Lori is an active member of the Toronto Lawyers Association and the Toronto Family Law Association. She has served her community on numerous Legal Aid Panels and Pro Bono assignments.

Aside from working, Lori has a very active family and social life. She is a fitness enthusiast and loves dogs, especially her own toy poodle.

Welcome to the team, Lori!

 

 

Divorce Information Centre – New Section

resource

Divorce Information Centre announced a new section today titled, Working With Your Divorce Lawyer. The section provides access to information including:

We Are Now Seeking an Associate Family Lawyer

Russell Alexander Collaborative Family Lawyers is growing and we are seeking an Associate Family Lawyer to join our team! We practice exclusively in all areas of family law at multiple office locations in Ontario. We provide the opportunity to work remotely up to three days a week.

Job Type: Full-time

Salary: $150,000.00 – $200,000.00

Required skills and knowledge:
• Qualified to practice law in Ontario;
• Minimum of 3 years experience in Family Law and litigation;
• Interest and/or Certification in Collaborative Practice;
• Ability to work independently and in a team-environment;
• Strong and effective analytical and problem-solving skills, and excellent writing skills;
• Ability to engage in effective oral advocacy;
• Excellent organizational and time management skills, including attention to detail, and an ability to multi-task;
• High level of professionalism and initiative.

Responsibilities:
• Drafting legal documents, including but not limited to, pleadings, motions, affidavits, financial statements and conference briefs;
• Upkeep on all current client files, as well as bringing in new clients
• Delegating work to law clerks, and working closely with law clerks on files;
• Attending court.

Applications will be kept confidential. Please submit resume and cover letter to reception@russellalexander.com

Did Wife’s Lawyer Know of Husband’s Asset?  And Can Court Assume Wife Knew, Too?

Did Wife’s Lawyer Know of Husband’s Asset?  And Can Court Assume Wife Knew, Too?

In a family law decision called Anderson v. McWatt, the Ontario Court of Appeal addressed a narrow evidentiary point:  If one party is truly unaware of a certain fact, but his or her lawyer may have known about it, can a court impute that knowledge to the party?

The background facts involved a former couple who were interior designers with a successful business.  They started living together in 1980, married in 1989, and separated in 2000, after which point they became embroiled in a full 15 years of high-conflict litigation.

Part of that litigation involved apportioning the spouses’ respective interests in a commercial property in Toronto.  Just prior to their 1989 marriage the husband had bought the property, and led the wife to believe was owned by a development corporation that had been set up.  In reality, he put title in his own name only – a fact he did not reveal in his sworn affidavits and financial statements for over a decade after their 2000 separation.  The wife only learned of the true state of affairs in 2012.

The date of her awareness as to title was key:  One of the issues was the point at which her claim to the commercial property was barred under the two-year limitation period. Indeed, the wife amended her pleadings about two years after making the discovery, to add claim based in equity (i.e. claims for unjust enrichment and constructive trust);  however, if it could be shown she knew or should have known earlier, then her legal claim would be barred.

At trial, the judge confirmed that the wife herself did not actually know that the husband held title to the property until 2012, but ruled that she should have known in 2001.  This is because (as the judge concluded) her own lawyer seemed to know about it, based on some comments he made while questioning the husband in 2001.  The upshot of the lawyer’s comments was that the wife “may very well have a claim against the property” and that “We will make our claim as and when we feel we have sufficient facts to base it on.”

On later appeal, the Court of Appeal rejected the trial judge’s conclusion on this point.The lawyer’s statement did not prove that he – or by extension, the wife – knew the husband was the actual owner of the commercial property. At the time of that questioning in 2001 – and for the next decade – the husband had been hiding the facts of his ownership in his sworn court documents. The wife was allowed to rely on this false information, and her own lawyer’s indication that she “may” have a claim was not an admission sufficient to trigger the limitation period. In fact, the Court found that the wife did “all she reasonably could to determine the truth that the [husband] was concealing.”

For the full text of the decision, see:

Anderson v. McWatt, 2016

At Russell Alexander Collaborative Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

 

10,000 + Views and Counting

10000

10, 000 + Views and Counting

We now have had over 10,000 views of our 50 + legal videos on our YouTube Channel http://www.youtube.com/familylawlawyers/

Thanks to all our fans and clients for watching our videos. We hope you have found them to be both helpful and informative.

If you have a topic you would like us to cover in future videos please let us know.

Friday’s Profile, Russell I. Alexander

Friday’s Profile, Russell I. Alexander

Russ is pictured here with his son James at the 2011 Ontario Minor Hockey Championships after James and his team had just won game 7 in overtime.

In 1993, Russ graduated from the University of Toronto with an Honours Bachelor of Arts. Russ then obtained a law degree from Osgoode Hall Law School. Russ was called to the Bar by the Law Society of Upper Canada in 1998 and commenced his practice in Lindsay, Ontario.

His professional memberships include: Advocates Society, Association of Trial Lawyers of America, Canadian Bar Association, Law Society of Upper Canada, Ontario Bar Association, Victoria Haliburton Law Association and the Durham Law Association. Russ enjoys litigation and helping clients solve their problems. When he is not practicing law Russ enjoys spending his time with his family skiing, snowboarding, playing hockey on the backyard rink, golfing and boating.

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