Adams and Leduc Legal BlogNiagara Family Lawyers Servicing the Niagara Region
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Many of our clients book this initial appointment to seek advice with respect to their rights and obligations.
Many family law disputes are better resolved with a team in a non-adversarial setting, and more lawyers are offering this kind of help.
When you prepare your will, there is a whole new category of assets to consider: Digital Assets What is Digital Property? Please click here for a downloadable list.
Looking to get a head start or be prepared before meeting with your lawyer for your Last Will and Testament? Have a look at this Will Preparation Checklist to get you started. This document can also be downloaded on the Niagara Wills and Estates page of our website,...
Ever wonder if those long fine print clauses you see on line that require you to click on “agree” to the terms of service agreements are enforceable? It’s pretty certain that most users never read the details in the fine print and I have never heard of anyone seeking legal advice about same, you just click on the ‘agree’ button and off you go. Well, the Supreme Court of Canada took on Facebook’s clause that would require all lawsuits against them to be brought in California. Our court decided in the circumstance of this case, the action could be brought in Canada, British Columbia to be more exact. Interesting reading on how the courts look at these clauses . It was a close call, with the court splitting on it’s decision
“Ever wonder about the difference in prices for cheese, between Buffalo and Fort Erie?” The quote below is from a case in Niagara recently completed: The offender, a police officer, was the organizer of a racket in which another constable smuggled cheese across the...
What do you get for the loss of use of your Ferrari when the repair shop crashes it into a truck?
As of April 1, 2017 the Supervised Access fees were changed at all centres funded by the Ministry of the Attorney General and will come into effect for Niagara as of May 1, 2017. These changes are being implemented to ensure that there is a level of standardization...
Head on over to the Real Estate section of our page to checkout the updated version of the Land Transfer Tax calculator and Fee Estimator. Click Here
In Ontario, the estate is subject to an Estate Administration Tax, which we normally refer to as the probate fee. This fee is based upon the value of the estate, net of some liabilities. You can use this tool to calculate the actual probate fee by inputting the data. Trustees of the Estate are required to file a form with the Ontario Government to confirm that fee and this is subject to audit later by the Province.
Can the father of a child, who has completely renounced his child and had no contact with the child from birth through the first 18 years of the child’s life, be called upon to pay child support retroactively to the child’s birth? In British Columbia, the lower court said yes and allowed child support retroactive for 18 years and on a go forward basis. The Court of Appeal disagreed and only allowed retroactive support for 3 years, together with ongoing support. The Supreme Court of Canada dismissed a leave to appeal that decision. The answer therefore is no, you cannot ignore or escape the responsibility to support a dependant child, even if you choose to ignore the child.
Without any fanfare or public announcements the issue of doctor assisted end of life services is in place now. While this is primarily a medical process involving medical professionals, lawyers will need to be familiar with this process.
Estate administration is demanding and time-consuming. In addition to the paperwork, executors must cope with tax laws, inheritance laws, family property laws, court procedures and the demands of beneficiaries.
Have you ever wondered what happens to your estate if you do not have a will?
Continuing our two part case this week, we look at principles regarding acceptable corporal punishment.
Does marijuana use by a parent become an issue for the court to consider?
The fact that grandparents help a separated parent pay the expenses of the grandchildren does not, in the ordinary course, absolve the other parent from financial responsibility.
This week we take a look at some of the different steps that can be taken in the process of a Family Law Case.
Can you secretly tape the conversation or actions of the other party in a custody dispute? With cell phones so common, almost everyone has the ability to do so.
Should a non-custodial parent be required to pay child support for two teenaged children who chose to reside with the maternal grandmother instead of the custodial parent?
When is enough, enough? It ha been clear for over 15 years that financial disclosure – early, voluntary, and complete financial disclosure – provides the factual foundation for the resolution of financial issues in family law proceedings.
This week we change topics and look at a case where an Estate attempts to sue the Ontario Lottery and Gaming Corporation.
Clients often ask what they should wear when attending court. We usually advise that you should dress conservatively, and wear clothes that would be appropriate at other important events such as church, a wedding or funeral.
A child over the age of 16 who leaves his or her parents’ home, or leaves the homes of separated parents, can claim child support directly from both parents. It is a tricky issue, as if he or she leaves voluntarily, an argument exists suggesting child support ends if the child voluntarily withdraws from parental control. The courts interpret that clause narrowly. If the child did not leave voluntarily, he can claim support from both parents, and each may be ordered to pay him guideline support based upon their incomes. The following case shows how this can be handled. Just a note, the child and both parents conducted this matter without lawyers.
“Oh my gosh! I can’t pay that much support! That’s more than half of my take home pay! There is something wrong with the calculations!”
“What will it take to convince angry parents that nasty and aggressive litigation never turns out well?”
Parental alienation is a term you will hear bantered about when a child refuses to visit with one parent but not the other. There is considerable literature on this subject and it is fair to say that there is some controversy still with this phrase and exactly what it means. The following case demonstrates a true alienation syndrome. The resulting order is drastic. The child is ordered into the custody of the parent she was refusing to see, and is to have no contact with the parent who encouraged the alienation. That parent was required to obtain help with mental health issues. These orders are rare, but they do exist!
We frequently are asked questions about travelling with children to special family events or holidays. Many orders do not have specific clauses dealing with the issue. This case is somewhat typical of how the courts try to deal with the issues. The court granted the father permission to travel to Alberta with the parties’ six-year-old daughter so that she could take part in his wedding.
Carrying on our discussion of imputed incomes, in this case, the court imputed to both parents and made support orders based upon income the parties could have earned.
Concerned that your ex isn’t earning as much income as he or she should? The courts will impute income in some cases, and base support upon this estimated future income or the possibility of income. In this case, the court didn’t think the husband could prove his wife should have more income imputed to her. This is how the courts worked it out.
Retroactive support is not always rewarded. The following case describes the principles of blameworthy conduct.
Set up or update child support online – without having to go to court.
A trial judge did not err when, in a post-trial ruling resolving the value of the matrimonial home, he based the home’s value partly on a listing price rather than fair market value. In his trial decision, the judge had anticipated that the self-represented parties...
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