Family, Divorce & Domestic Disputes
Guardians for Mentally Incapable Persons: When the Court Decides
Court Hearing and JudgmentA person who is concerned about an adult who appears to be mentally incapable and at serious risk may apply to the court...
How We’re Taxed when We Die
A pertinent question often asked in respect of taxation at death is: Would there be any estate taxes or succession duties? Strictly speaking, the answer is...
The Court Appointment of Guardians (for Mentally Incapable Persons)
Disposition by the CourtUnder s. 77(3), there are three possible dispositions of the matter by the judge:1) A verdict without a hearing;2) A direction to the...
The Documents Involved in the Court Appointment of Guardians for Mentally Incapable Persons
What Documents are Involved?As in the standard procedure, the Notice of Application and the Affidavit of the Applicant (including exhibits) are to be prepared so as...
Appointing a legal guardian for the mentally incapable.
To become a court appointed guardian of property; there are two procedures: the “standard procedure” and the “summary disposition procedure”. The second procedure needs two assessments...
FAMILY LAW: From case conference to motions to settlement conference to trial management conference to trial and finally to appeal!
After a case conference, a litigant usually seeks an order on motion, which requires two documents: a notice of motion and an affidavit. The affidavit is...
FAMILY LAW: A Lawyer’s best strategy!
The progress of a client’s case under family law depends on the facts, the personalities of the client and of the opposing party. Playing important roles in the...
HOW NEW LAWYERS SHOULD FIRST ADDRESS FAMILY LAW MATTERS WITH THEIR CLIENTS
The first thing not to do is to offer legal advice over the phone when a potential client calls up a newly called lawyer and wants...
TESTIMONY & BEING EXAMINED IN A DISCOVERY
At the outset, it is necessary to note that in Ontario there is no discovery in applications. In Ontario discoveries occur in actions; a two-part process, beginning...
STARTING A CLAIM?
For a rule or statute, requiring a proceeding to be commenced, brought, tried, or heard in a particular county, the proceeding must be commenced in that...
