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Family

The Basis for Divorce in Canada

Written by: Naa Lansana  The Divorce Act articulates the ground for divorce as a breakdown of a marriage. This collapse of the marital relationship can occur in three ways: Firstly, if the spouses have lived separate and apart for at least one year immediately prior to the determination of the proceeding, and continue to do...
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Separation 101: What does it mean to be separated?

Written by: Naa Lansana  When it comes to separation, individuals have varying ideas of what that entails. Notions have emanated from popular TV shows, from celebrity break-ups and ensuing salacious details splattered across tabloid pages, but also through sobering personal experiences. It bears noting that in Canada, separation has a very specific meaning. Often, clients...
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Your Holiday To-Do: Refreshing Your Will and Estate Plan

Written by: Dina Nikseresht An important part of the holiday season is taking the time to reflect on our past year and plan for our future. While estate planning may not be on everyone’s list of resolutions, it is an essential step to ensuring the security of you and your family. As the year winds...
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The Role of an Executor: What You Should Know Before Taking on the Role

Written by: Dina Nikseresht Being named an Executor involves significant responsibility and legal obligations. Executors are appointed to manage and distribute an estate according to the instructions laid out in the will, ensuring that the deceased’s wishes are carried out properly. Before agreeing to take on this role, it is important to understand what the...
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Spousal Support: Important Lessons at Retirement

Written by: Naa Lansana with Collaboration of Stefania Rotundu Fielding v Fielding, 2024 ONCA 807: Lessons Learned On October 29, 2024, the Ontario Court of Appeal dismissed an appeal in what was described as a “high conflict family proceeding.” ¹In upholding the trial judge’s decisions regarding the termination of spousal support, the Court imparted important...
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Reasonable Expectation of Privacy: Trump Card for Financial Disclosure

Written by: Naa Lansana Case Comment – Moran v Moran, 2023 ONSC 6832 Disclosure is a fundamental requirement underpinning determination of family law matters. Where disclosure is incomplete or missing, it makes the resolution of oft difficult matters gravely challenging. As articulated by the court in Cunha v. Cunha1. Non-disclosure of assets is the cancer...
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CERTIFICATE OF PENDING LITIGATION IN FAMILY LAW DISPUTES

By Munera Lawyers Family law disputes are complex and multidimensional. They centre around resolving various issues that include parenting obligations, support obligations, and property allocation. In the majority of family law disputes, the heart of the matter involves the principal residence of the parties. For married couples, this is the matrimonial home, which has special...
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New Changes to the Children’s Law Reform Act: What You Need to Know

By Munera Lawyers The Children’s Law Reform Act is the applicable legislation that addresses issues relating to children whose parents are unmarried in Ontario. Significant changes have been made to the Children’s Law Reform Act which have come into effect on March 1, 2021. This article provides an overview of some of the most important...
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Relocation in Ontario Family Law – Changes Explained

By Munera Lawyers If you are planning to move with your child after separation, you should be aware of the significant changes to both Canada and Ontario’s legislation which outlines the steps that you must take prior to your move. The Legislative Change and Background Some of the most heartbreaking cases in family law are...
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COVID-19, Judicial Notice and the Case of J.N. v. C.G.

By Munera Lawyers Introduction When parties with children separate, decision-making responsibility often becomes a major turf on which parents fight for control. The issue of whether or not to vaccinate children against COVID-19 has amplified this challenge, with parties seeking relief through the courts. Parents in favour of having their children vaccinated have sought to...
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