Dependant’s Relief and Competing Claims
In the recent case of Cowderoy v. Sorkos Estate, 2014 ONCA 618, the Ontario Court of Appeal considered the question of how competing claims against an estate are to be appropriately balanced. Gus...
View ArticleDivisional Court Guidance on “Proper Support”
Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at...
View ArticleTestamentary Freedom – A Fundamental Right?
Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by...
View ArticleAm I a Dependant? Can I Receive Support From the Estate?
Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and...
View ArticleThe Rights of a Surviving Spouse – Spousal Election
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921,...
View ArticleWhat is a “Common Law Spouse”?
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...
View ArticleThe Father of My Children: Court-Ordered Paternity Testing
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...
View ArticleThe Role of the OCL
de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of...
View ArticleAm I a Spouse? The Mystery of Spousal Benefits
Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the...
View ArticleCourt Approval of a Settlement – A Refresher
There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the...
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