Common Law Couples: Exclusive Possession of The Home

December 11th, 2018 by Mason Morningstar

More than ever, unmarried (or “common law”) couples are living in conjugal relationships that are indistinguishable from marriage. Many of these couples will be surprised to learn that, in Ontario, they do not enjoy the same rights and obligations as their married counterparts upon separation. In a previous post, I wrote about the difference between […]


More Changes to the Construction Lien Act Are Coming in 2019

December 6th, 2018 by Christopher W Statham and Michelle Cook

Ontario’s new Construction Lien Amendment Act (the “Act”) has significantly overhauled Ontario’s construction law rules. While the first set of the amendments have already come into force (see our previous blog here), the second set of changes with respect to prompt payment, a new adjudication process and procedural rules are set to come into force […]


The Original Will Has Been Misplaced or Destroyed – W …

December 4th, 2018 by Robert Adourian

We have recently looked at the validity of a Will, when the uncertainty of the testator’s wishes are apparent. Especially in the instance whereby the testator has more than one Will. –  However, the definition of the modern day family has somewhat evolved over the years, allowing for the recognition of diversity and the complex […]


Ontario Has a New Construction Act: What You Need to Kn …

November 27th, 2018 by Christopher W Statham and Michelle Cook

On July 1, 2018, the first set of changes under Ontario’s Construction Lien Amendment Act (the “Act”) came into force. This Act overhauls Ontario’s construction regulatory framework. Not only should the changes be made note of by Ontario businesses in the construction sector, but the implementation of similar legislation is expected to follow in other […]


I Want a Divorce – What Are The Steps In Getting …

November 23rd, 2018 by Mason Morningstar

Until married couples obtain a divorce, the law still considers them to be married, even if they are living separate and apart. This may have implications on spouses’ estates rights, entitlements to benefits and life insurance policies, and the ability to make end-of-life decisions for incapable spouses. Before seeking a divorce, it is important to […]


I have Relocated to Canada – Can My Parents and Grand …

November 10th, 2018 by Maya Krishnaratne and Farzana Jiwani

Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a new environment with hopes to reunite with their family in the near future. Consequently, family reunification is perceived to be a benefit to Canada and […]


Common Law Couples: What Happens to Our Jointly Owned H …

November 8th, 2018 by Mason Morningstar

The definition of “common law” couples differs depending on which legal rights are in question, and it is possible to be considered “common law” in one context, but not another. For family law purposes, we look to Ontario’s Family Law Act. Perhaps surprisingly, Ontario’s family law regime does not recognize the term “common law relationship”. […]


Cannabis: Legislation passed For Legalization – …

October 30th, 2018 by David Schell

On October 17, 2018, the historic formation of a new industry was birthed and the decriminalisation of cannabis and its recreational use was finally introduced. A day whereby some thought would most certainly never be the case, however the general perception of liberalism in Ontario may, in actual fact, not be as unrestricted as one […]


Canadian Courts and Mahr Agreements – Can My Mahr Agr …

October 30th, 2018 by Farzana Jiwani

We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular, the South Asian community. Family separation and divorce within the South Asian community is often seen as a taboo subject and notions of uncertainty as […]

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