The “Best Interest” Test in Family Law Disputes: What It Means and Why it Matters
When a marriage or common law relationship breaks down, parents must determine how they will make decisions for their children (joint or sole decision-making) and how time will be shared between the parents and children. The underlying test used by the court in cases where parents can’t agree on these matters is the “best interests” […]
Recognizing and Preventing Elder Abuse on World Elder Abuse Awareness Day
June 15 marks World Elder Abuse Awareness Day, a time to raise awareness about the prevalence of elder abuse, and remind and empower everyone to take action against the mistreatment of older adults. Unfortunately, elder abuse is predicted to increase as many countries are experiencing rapidly ageing populations. If you suspect someone is experiencing elder […]
The Perils of Life Insurance Designations: Case analysis of D’Onofrio v. Riley 2023 ONSC 4764
When Mr. D’Onofrio died at the age of 43, he left behind a common law partner, an ex-wife and three children. He also left behind $15,000 in assets and $462,252 in debts and made creditor-proof life insurance designations worth $1,460,000. Mr. D’Onofrio made his own Will. The Applicant, Mr. D’Onofrio’s common law partner, asked the […]
New CBC Map Reveals Extent of Federal Facility PFAS Hotspots: What It Means for Residents Relying on Groundwater Wells for Drinking Water
In our previous blog, “Canada’s Final State of PFAS Report Reveals 100+ Federal Contaminated Sites—Is Your Property at Risk?”, we reviewed the federal government’s March 2025 final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (the “Report”), which identified over 100 federal PFAS contaminated sites nationwide. Now, new CBC reporting provides critical additional insight: an […]
Understanding the Difference Between Separation and Divorce in Ontario
When a relationship ends, it is important to understand the legal distinctions between separation and divorce. While these terms are often used interchangeably, they have different legal implications in Ontario, and understanding the difference is important when planning your next steps. What Is Separation? Separation occurs when you decide to live “separate and apart” from […]
How Do I Know If I Am the Beneficiary of an Estate?
The first place to start as a potential beneficiary of an estate is to check probate records. Once a Will is probated in Ontario, it becomes a public document, meaning it can be searched at the Superior Court of Ontario. If your relative had a Will, it may or may not have been probated. Probating […]
Ahluwalia v Ahluwalia and the (Possibly) New Tort of Family Violence
The legal community, and certainly family law practitioners in Canada, continue to wait with bated breath on the impending decision from the Supreme Court of Canada (SCC) in relation to the Ahluwalia v Ahluwalia matter, and specifically, the possibility of new tort of violence. Background The parties in Ahluwalia were married in India in 1999 […]
Specific Performance Remedy Now Available in Certain Commercial Lease Disputes
You have signed a commercial lease with a landlord, but the landlord will not vacate or remove its property from the leased premises. What are you to do? You could sue the landlord for monetary damages. However, a recent Ontario case, Bellwoods Brewery Inc. v. 1896841 Ontario Limited, 2023 ONSC 2845 (“Bellwoods Brewery”), that was […]
Why Should You Consider a Charitable Bequest in Your Will?
When one considers drawing up a last Will, one of the most important decisions, if not the most important, is who the beneficiaries are. In most instances, it’s their spouse, children, grandchildren and close family and friends. Charities are also considered when testators want to gift to causes close to their heart as a way […]