Archive for February 2014
Marriage -differences between rich and poor
The Institute of Marriage and Family Canada has analyzed the marriage patterns of the wealthiest Canadians, and found that marriage rates for that group have been the stable for the last 35 years. However, only 12% of people who fell within the bottom quarterly of Canadians economically reported being married or living in a common…
Read MoreLimitation periods for common law couples
The standard limitation period for starting a cause of action against someone is 2 years, under Ontario’s Limitations Act, 2002. However, in a recent family law case, the question was posed as to whether a claim for constructive trust involving real estate properties is also governed by this 2 year rule. In the case of…
Read MoreSupport obligations of stepparents
When a relationship ends, a stepparent can end up paying child support to a child of the marriage even if they do not have an ongoing relationship with that child. According to the Child Support Guidelines, a court can order both a biological parent to pay support and anyone else who stands in the place…
Read MoreUnbundled legal services
Recently, the Law Society has allowed lawyers to offer unbundled legal services to clients who may not be able to afford full service representation. In the family law context, choosing to retain a lawyer for what is called ‘limited scope representation’ will allow clients to save money if it looks like their relationship breakdown is…
Read MoreHamilton judge advocating for same-sex rights
If you’ve been watching the news this week, you’ll know that the U.S. has declared that all same-sex couples, even those in states which don’t recognize same sex marriage, will receive the same rights as heterosexual couples in court proceedings, the prison system, and in bankruptcy proceedings. Interestingly, as this CBC article discusses, the movement…
Read More3 guardians allowed on B.C. birth certificate
The first child to have 3 parents listed on their birth certificate in Canada is in the province of British Columbia. Under the new Family Law Act which was passed in 2013, a child can have up to 4 legal guardians listed on their birth certificate. In this recent case reported in the National Post,…
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