Blogs | Handa Law
Blog Posts
Oct 11, 2019,  Admin
A common question we get from clients is: What is spousal support, and how will it affect my future? Spousal support, or what many people call alimony, is a payment from one spouse to the other to recognize the economic advantages and disadvantages arising from the relationship or its breakdown.  The purpose of spousal support is to, as much as possible, promote the economic self-sufficiency of each spouse ...
 
Oct 11, 2019,  Admin
Once the decision has been made to end a marriage many people want to know how quickly they can get divorced. A divorce is a court order that legally ends a marriage. Unmarried spouses do not need to get divorced. In Canada, the Divorce Act governs the requirements for all divorces.
There are a few basic requirements that must be met to apply for a divorce. If you want to get a d...
 
Oct 04, 2019,  Admin
In rare circumstances, the court can repair a Will improperly drafted by a lawyer.
The law can be found in various cases including the Bank of Nova Scotia, the Haugrud 2160NSC 8150 affirmed on appeal, Whittingham v. Crese and Ross v. Caunters. The court has held that it will fix a Will if the lawyer made a mistake in one of these three situations:
  • ...
 
Oct 04, 2019,  Admin
Legislation passed late last year will compel Ontario’s courts to take grandparents’ custody and visitation rights into consideration. Bill 34, introduced by NDP MPP Michael Mantha representing the Algoma-Manitoulin riding in northern Ontario, amends existing child custody laws which previously had not considered grandparents’ access.
If you have questions about the implications ...
 
Sep 26, 2019,  Admin
Drivers in Ontario are required to have auto insurance. However, many drivers do not have a full understanding of auto insurance because it is a complicated system full of legal terminology. This blog will explain some basic concepts to help you understand auto insurance in Ontario.
NO FAULT INSURANCE Most people have heard the ...
 
Sep 26, 2019,  Admin
As is the case with most marriages, the matrimonial home is typically the most significant asset shared between the spouses. Not only is the matrimonial home a significant asset, the home also often holds great sentimental value and can often become the most contentious issue between the parties in a divorce/separation proceeding.
Under the Family Law Act of Ontario, which govern...
 
Sep 19, 2019,  Admin
With the holiday season in full swing now, parties are underway everywhere. Avoid consuming alcohol or drugs that can impair your ability to safely operate your vehicle. Avoid drinking unless there is a designated driver to safely drive you home or call a friend, or a taxi or plan to spend the night out. The Ontario Ministry of Transportation recommends that the best way to avoid impaired driving is not to take ...
 
Sep 19, 2019,  Admin
On December 8, the Government of Ontario unveiled several proposed changes to its child protection laws. Per the Toronto Star, the changes ‘will give children a say over decisions related to their welfare, allow the government to grab control of children’s aid societies and increase the age of protection from 16 to 18.’
The updated laws aim to improve the lives of Ontario’s vulne...
 
Sep 12, 2019,  Admin
There is no legal prohibition, rather only a strong judge made tradition that children do not give evidence at trials, motions or even case conferences. This trend has strongly existed for the last twenty years, however, when I first began practicing in the stone age, it was not that rare. A judge would bring the child(ren) into their private office for a little chat, to get a better sense of the issues directly...
 
Sep 12, 2019,  Admin
Many people may not know that child support obligations can, and often do, continue after the child reaches the age of 18. The concept of an adult child may seem like an oxymoron to some parents. They may think a child over 18 should support themselves financially. Other parents will continue to financially support their children well into their 20’s and perhaps even longer. The law of Ontario has recognized a n...
 
Sep 04, 2019,  Admin
The following is an effort to provide a non-exhaustivelist in the most basic and summary of fashions of the laws that apply to custody and access in Ontario.
The primary principle, the primary directive if you wish, is incorporated in section 24 of the Children’s Law Reform Act, the best interest of the child.
Joint custody: one should look at the...
 
Sep 04, 2019,  Admin
There are many factors that are taken into account in determining how long spousal support shall run.  In the absence of an agreement and if the court is asked to impose a time limit it looks to many different factors.  Those factors include:
SSAG ( Spousal Support Advisory Guidelines)
Length of relationship (often the duration of spousa...
 
Aug 19, 2019,  Admin
Most people think of receiving legal assistance for years, but never do. Why? Because they feel intimidated, and unsure of what a legal proceeding would entail. The best law firms have one thing in common: they understand that their clients have never been in a legal dispute before, and that the clients might feel intimidated when hiring a professional for the first time.
If you ...
 
Aug 19, 2019,  Admin
Canada has a birthright citizenship policy which classifies everyone born on Canadian soil as a Canadian citizen except in some cases. Recently, there has been much discussion about amending this policy. President Trump of the United States, recently announced that an executive order would be issued to remove automatic citizenship for children born on US soil.
In Canada, members ...
 
Aug 09, 2019,  Admin
On May 22, 2018 the Federal Government introduced Bill C-78.
It’s most important provision is removing the term “Custody” and “Access” from a court order replacing them with “Parenting Orders” in which parenting time and decision making is allocated between the parents.
 
Aug 09, 2019,  Admin
Divorce can be challenging, stressful and painful. It is at once a personal battle, as well as a legal one, for married spouses to face. For a self-represented party, it is especially cumbersome to navigate the court system, to understand the applicable legislation (i.e. the Divorce Act) and to comply with the rules of procedure. The time-consuming, expensive, and conflict-driven family law system adds an extra ...
 
Jul 31, 2019,  Admin
Family law matters can be complicated, emotional and traumatic.  If you are contemplating separation or divorce, you should consult with a Handa Law about the different options that may be available to you, and the process for each option. Whether you are looking for mediation, arbitration or litigation, your consultation with a family lawyer will go better if you come prepared.
...
 
Jul 31, 2019,  Admin
There is a lot of misinformation out there about spousal support, or alimony, as we have come to know it due to the influence of American TV. Spousal support is an amount of money paid by one spouse to support the other spouse after the separation. However, it is not payable in every relationship. This is a common misconception, but just because you were married or in a common-law relationship does not mean you ...
 
May 20, 2019,  Admin
An Ontario Court of Justice case, Coates v Watson, has broadened the child support eligibility for adult children with disabilities of unmarried parents.
Previously, under Ontario’s Family Law Act governing unmarried parents, adult children were eligible for child support only if they are in full-time school. However, under the Divorce Act, an adult child who is unable to live in...
 
May 15, 2019,  Admin
One of the most important steps in any separation or divorce is the disclosure process. Before the parties can determine how to divide matrimonial debts and assets, both sides need a complete understanding of what those debts and assets are.  This process includes a requirement that both parties provide sworn financial statements that outline all of the property each of them owns. However, in some Brampton ...
 
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