DeRusha Law Firm

What are the grounds of divorce in Canada?

The only ground for divorce in Canada is “breakdown of the marriage” as per the Divorce Act. A breakdown of the marriage can only be established once the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined and are still living separate and apart at the commencement of the proceeding, or the spouse against whom the divorce proceeding is brought has, since the marriage was celebrated, committed adultery or treated

What are the grounds for challenging a Separation Agreement?

Section 56 of the Family Law Act sets out the most common grounds relied upon to set aside a Separation Agreement, in whole or in part. The grounds are as follows: A party to the Agreement fails to disclose a significant asset or debt in existence when the Agreement was formed. A party failed to understand the nature and consequences of the Agreement. Any other ground on which an ordinary Agreement may be attacked. In Hartshorne v. Hartshorne, the Supreme Court of Canada conf

In a family law access dispute, what does the term “supervised access” mean?

If a child is at risk in a parent’s care because that parent may be violent, suffers from alcohol or drug addiction, or has health problems impeding his or her ability to care for the child, access may be permitted by the Court only in a supervised setting. Supervised access orders are rare and made only in the child’s best interests. The parent seeking to impose supervision of access has the burden of proof that supervision is appropriate.

What is the spouse’s “preferential share” when a person dies without a Will?

Under the Succession Law Reform Act of Ontario, where a person dies intestate i.e. without making a Will, his/her legal spouse is entitled to a “preferential share,” currently fixed by regulation at $200,000. It is calculated only on the assets in the deceased’s estate and does not include any jointly owned assets or assets that pass to a beneficiary by contract (e.g., life insurance) or by designation (e.g., RRSPs, RRIFs, and TFSAs). The preferential share is calculated only

Can a bequest be made to a witness or spouse of a witness?

The Succession Law Reform Act of Ontario provides that a bequest to a witness or spouse of a witness is void, unless the Court is satisfied that neither the witness nor the spouse exercised any improper or undue influence upon the testator. Where a beneficiary or a spouse of a beneficiary witnesses the Will, the Court can require the beneficiary or the spouse to satisfy the Court that the beneficiary or spouse did not unduly influence the testator

What is a Certificate of Appointment of Estate Trustee?

In Ontario, a properly drafted Will names an estate trustee(s) who will have the right to deal with the assets in the deceased’s estate immediately upon his/her death. The estate trustee’s authority arises from the Will itself. Where there is no Will, there is no person who can act immediately upon death. Someone must apply to the Ontario Superior Court of Justice to be appointed estate trustee. In this case, the estate trustee’s authority comes only from the Court order. How

What is a holograph Will?

It is possible to make a valid Will entirely in one’s own handwriting with the signature of the testator at the end of the Will. No witnesses or other formalities are required for executing such a Will. Although a Holograph Will is not advisable, it can sometimes be useful in emergency situations e.g. where the testator making the Will knows what he/she wants to do but time or other constraints preclude a meeting with the lawyer or when there is no second independent witness

If a married couple has separated, but the parent of one of them has passed away, and they died prio

If a married couple has separated, but the parent of one of them has passed away, and they died prior to the separation, but the inheritance money has not yet been paid out, must the person receiving that money share it with their spouse? a. Yes. b. No. Correct Answer: b. No. The law states that a gift or inheritance that is received during the marriage, as long as they kept separate, does not have to be shared, so long as it still exists on the date of separation. In this qu

When married people separate, does each person get to keep all of the Registered Retirement Savings

When married people separate, does each person get to keep all of the Registered Retirement Savings Plans in their respective name? a. Yes b. No Correct Answer: b. No. There is no automatic provision that says that people who were married get to keep RRSPS in their own name. There is a process of review which involves looking at what amount, if any, was in the plans on the date of marriage, what amounts have been put in afterwards, what has been the accumulation if any, since

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