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ABBlawg: December 2011
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Thursday, 1 December 2011. Mediation and its Benefits. When a client thinks of hiring legal counsel to work on his or her behalf, thoughts of a lawyer in court objecting with conviction to everything said by the opposing party may come to mind. Hollywood movies such as The Rainmaker, A Few Good Men and many others would lead one to believe that this is “good advocacy.”. In reality, over 90%. The entire mediation is conducted on a without prejudice basis. This means that nothing a party says during th...
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ABBlawg: Spousal Support Formulas: The Basics
http://abblaw.blogspot.com/2013/02/spousal-support-formulas-basics.html
Monday, 4 February 2013. Spousal Support Formulas: The Basics. Determining Factors for Spousal Support Entitlement. The Supreme Court of Canada in. Bracklow v. Bracklow. There are generally two different methods used to determine both the amount and duration of spousal support: the with child support formula, and the without child support formula. Regardless of the formula applied, both calculations originate from s. 15.2 of the. A) the length of time the spouses cohabited;. Sets out as follows:. D) in s...
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ABBlawg: June 2012
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Wednesday, 27 June 2012. Construction Liens: The Basics for Homeowners. What is a Construction Lien? Who Can Register a Construction Lien? A construction lien can be registered by almost any person who supplied labour or materials related to construction, demolition or other improvements to your property. A lien can be registered by your contractor, a sub-contractor, or even the business from which your contractor bought your fixtures and materials. Scenario #1 – General Contractors and Sub-Trades. If it...
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ABBlawg: To Be or Not To Be (Married)
http://abblaw.blogspot.com/2012/10/to-be-or-not-to-be-married.html
Thursday, 18 October 2012. To Be or Not To Be (Married). Division of Property for Unmarried Couples. Division of property is dealt with in Part I of the. When married couples separate, generally speaking they are entitled to divide their property equally between the two spouses, regardless of who legally owns the property. [1]. It means that common law couples cannot look to the. To make a claim to a share of property that they do not own. Let’s look at an example:. Dividing Jack and Jill’s Property.
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ABBlawg: November 2012
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Wednesday, 21 November 2012. Equalization Claim by a Surviving Spouse. The Act) makes provision for an equalization claim by a surviving spouse. Section 6(2) of the Act allows a surviving married spouse (i.e. not a common law spouse) to elect between his or her succession rights under a will and his or her equalization claim under the Act. A) Benefits payable to the spouse pursuant to a life insurance policy on the life of the deceased spouse;. So, in the example above, if the wife was, together with her...
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ABBlawg: July 2012
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Thursday, 26 July 2012. Grandparent Rights in Custody Cases. When we talk about access, which includes the right to see a child, we tend to think only in terms of the rights of the child’s. However, as the number of families affected by divorce increases, extended family members, including. In the Province of Ontario, there are two pieces of legislation that govern the issue of access – the. Which applies only to children of a marriage) and the. Children’s Law Reform Act. Children’s Law Reform Act. In On...
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ABBlawg: Wills & Estates: Dual Wills
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Tuesday, 11 December 2012. Wills and Estates: Dual Wills. It is becoming increasingly common for lawyers to discuss or recommend to clients to have two wills prepared if the testator has a substantial investment in one or more private companies . This plan involves having one will to govern the estate assets that require probate and a second will to govern those estate assets that do not require probate. The customary objective is to achieve a significant savings in Estate Administration Tax. If you are ...
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ABBlawg: Understanding Separation & Divorce
http://abblaw.blogspot.com/2012/09/understanding-separation-divorce.html
Monday, 17 September 2012. Understanding Separation and Divorce. The term “divorce” has a very distinct legal meaning, yet many people fail to understand the difference between separation and divorce. Often the meanings of the two concepts are blurred together. To illustrate, a conversation around a water cooler somewhere in Ontario might go as follows:. Did you hear the news? Moe from marketing and. Sylvie from accounting are separating! That’s funny, I heard they got a divorce. This definition excludes...
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ABBlawg: November 2011
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Wednesday, 2 November 2011. Wills and Estates 101 Mini-Series Part IV: Did He Die or Did He Separate? In Ontario there is a family property regime set out in the. Suppose Harold was married to Wendy for 42 years. After his death his last will and testament left most of his estate to his “close friend” Susan. Harold left Wendy $50,000.00. Wendy feels betrayed (especially if her will left everything to Harold). What can Wendy do? For a more thorough discussion of NFP equalization, please click here. When s...
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ABBlawg: Common Law Spouses and Property Division in Ontario
http://abblaw.blogspot.com/2013/07/common-law-spouses-and-property.html
Friday, 19 July 2013. Common Law Spouses and Property Division in Ontario. Common law couples do not. Have the right to seek an equalization of family property under current Ontario legislation – this fact cannot be overstated. As discussed in a. Division of property is dealt with in Part I of the Family Law Act. When married couples separate, generally speaking they are entitled to divide their property equally between the two spouses, regardless of who legally owns the property. Under the Family Law Act.
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