January 24, 2017

A. Yes

B. No

Correct answer: B

Custody means that one or both parents, or another third-party such as the grandparents, will make decisions for the children. On the other hand, sharing of the schedule deals with how the children will split their time between the homes of...

January 19, 2017

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...

January 18, 2017

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...

January 17, 2017

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...

January 12, 2017

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...

January 11, 2017

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 spo...

January 10, 2017

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 perso...

January 9, 2017

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 us...

January 5, 2017

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....

January 4, 2017

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 na...

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Note: The responses provided in these questions are not legal advice for you. To answer your questions you need to contact our firm by telephone or e-mail, and we will get back to you within the next business day.

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