Stepping Through Family Law Procedure

Blog Post
November 17, 2016
Read Time: 3 minutes

Do you have a hard time keeping track of all the procedural steps in Family Court? The truth is family law procedure (and really, all court procedure) is complicated. As a result, this post is not meant to be a comprehensive overview of all steps in the family court process. It is meant to give readers a cursory outline of the initial steps in the process when two people need the court’s help to determine the terms of their separation, including things like property division and custody issues.

How Do Common-law Couples Divide Their Property?

Blog Post
April 14, 2016
Read Time: 3 minutes

There are no legislated provisions for property division for common-law spouses. That means, when common-law couples separate, their property is divided based on ownership; that is, each party keeps what they own at the time of separation. However, common-law spouses may be able to make claims to property in certain circumstances.

When Do We Become Common-law Spouses?

Blog Post
March 10, 2016
Read Time: 2 minutes

Some of the most common questions I get asked when people find out I am a family lawyer is ‘what am I getting into by moving in with my girlfriend/boyfriend?’ or ‘when/how do we become common-law?’. They’re pretty important questions. I think one of the reasons why there is so much confusion is because this issue is legislated by the provinces, so it depends on where you live. That means my answer to these questions only applies to Ontario.

Ashley Madison and Affairs: What are the Legal Consequences of Infidelity?

Blog Post
September 1, 2015
Read Time: 4 minutes

The recent hacking of Ashley Madison, a website designed to help married people have affairs, has undoubtedly led to many relationship disruptions as spouses learn that their partners accessed the site. In trying to move forward, you might ask yourself: are there any legal consequences of my spouse’s affair?

The Domain Game: The Tall Task of Controlling Consumer Criticism in the Age of dotSucks

Blog Post
June 29, 2015
Read Time: 4 minutes

Last year, the Internet Corporation for Assigned Names and Numbers (ICANN) approved over 500 new ‘top-level’ domains. Although a number of them, like dotPorn and dotAdult, have stirred up controversy online for obvious reasons, none have attracted the business community’s attention quite like the recently approved dotSucks domain.

The Importance of Financial Statements

Blog Post
November 27, 2014
Read Time: 2 minutes

For common law or married spouses who are separating, a sworn Financial Statement is the most important piece of the puzzle for determining rights and obligations on a going-forward basis. Anyone who begins a court proceeding must complete a sworn financial statement, and anyone who is attempting to settle property or support issues outside of court should complete a financial statement, and should not agree to anything until their spouse has also provided a sworn financial statement. It can be a difficult and time-consuming process, but it must be done, and done properly. Here are some tips for making this process as simple as possible.

Consultation on Proposed Changes to Trade-marks Regulations

Blog Post
October 8, 2014
Read Time: 2 minutes

The Canadian Intellectual Property Office (‘CIPO’) has opened a pre-consultation on proposed amendments to the Trade-marks Regulations. The consultation period runs between October 1 and November 30, 2014. The proposed amendments reflect recent amendments to the Trade-marks Act contained in Division 25 of the Budget Implementation Act, which received royal assent on June 19, 2014. The aim of the amendments is to increase legal certainty, to streamline and clarify CIPO’s procedures, and to align Canada’s trade-mark protection regime with international norms.

Thinking of Using a Gift to Pay Off the Line of Credit on your Home?

Blog Post
April 24, 2014
Read Time: 2 minutes

Thinking of using a gift to pay for the line of credit on your home? You may want to think carefully about your decision, but there is reason to hope that you might get at least some of your gift back in the event of a separation. Here’s why. In 2012, the scope of equalization litigation was expanded with the Court of Appeal for Ontario’s decision in Ward v. Ward. If you are thinking about using a gift to make a payment on your matrimonial home, you would be wise to consult your family lawyer first to weigh the pros and cons of your decision.