Fraud’s Cost Consequences

by: , January 18, 2021

At the end of litigation, the unsuccessful party is usually ordered to pay part of the legal fees of the winning party. The ever-present threat of having to pay costs to the winning party can act as a powerful disincentive for making groundless or unsubstantiated claims. The risk of being on the wrong end of…read more

The Father of My Children: Court-Ordered Paternity Testing

by: , November 2, 2020

This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more

What is a “Common Law Spouse”?

by: , October 27, 2020

In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more

Mediation vs. Arbitration – What’s the Difference?

by: , May 25, 2020

I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It…read more

Happy 65th Birthday from the Canadian Government

by: , May 26, 2015

Canadians can rejoice at turning 65 – you are now eligible for the government benefits offered to seniors. In order to spend more time eating cake and less time searching for the benefits that apply to you, provincial and federal benefits are listed in one convenient website. The list briefly summarizes the different benefits available,…read more

Insolvent and Bankrupt Estates

by: , May 26, 2015

Estate trustees and beneficiaries often focus on the positive – the many and varied assets of an estate which will soon be distributed to the beneficiaries. It is only after the estate administration is underway that the full financial picture emerges – an estate that appeared flush may actually have more debts than there are…read more

Increasing Access to Justice through Orders for Directions

by: and , May 13, 2014

The Supreme Court of Canada has emphasized access to justice as one of the top concerns facing the legal profession today (see our blog post summarizing the Supreme Court’s decision, Hryniak v Mauldin).  Justice Brown of the Ontario Superior Court has made practical the Supreme Court’s directives in Re Estate of Ireni Traitses. Re Estate…read more

Do You Need A Lawyer to Make a Will?

by: , July 22, 2013

Among the general public, there is a perception that despite being a legal document, creating a will does not require the services of an estate solicitor.  There are numerous do-it yourself kits and online services that offer a “fill in the blanks” approach to creating a will.  As an estate litigator, I usually see when…read more