When Support Doesn’t End at Death: How Family Law can become Estate Litigation in Ontario
People often assume that when someone dies, their financial obligations die with them.
In Ontario, that is not always true. If someone was paying (or, was supposed to be paying) spousal support or child support before they died, those obligations can continue. The dispute just shifts from family court to estate litigation. These situations mainly arise after separation in blended families where support was never fully resolved before death.
More Money, Same Court! How the new Ontario Small Claims Court Limit Will Impact Your dispute
On October 1, 2025, Ontario increased the monetary limit for claims in the Small Claims Court from $35,000 to $50,000 via an amendment to O. Reg. 626/00: Small Claims Court Jurisdiction and Appeal Limit, as well as related updates in the Rules of the Small Claims Court.
The Ultimate Limitation Period and What is a Continuous Act?
If you purchase an old home and discover that there was a building defect, are you able to sue the builder or the building department to get it fixed?
Think Before You Speak: How Ontario’s Defamation Laws Are Evolving
Defamation is a legal issue that arises when a false statement is made about an individual or business, causing harm to their reputation. In Ontario, defamation can take two forms: libel, which refers to written or published statements, and slander, which pertains to spoken statements.
Termination of Employment
If you’ve recently been let go, then you’re understandably going through a lot of mixed emotions. It can be a stressful, confusing, and uncertain time, and you will likely have a lot of questions about your rights, and the process moving forward.
The Fiduciary Duties of a Power of Attorney for Property – A Tale of Two Sisters
When someone becomes “incapable” of making decisions for his/her health and property, an attorney for property and personal care is required to help make the decisions.
Setting Precedents: How the recent Baker Case May Shape the Future of Civil Jury Trials
In the realm of civil jury trials, the recent case of Baker v Blue Cross Life Insurance Company of Canada stands out as a pivotal moment that could influence the future landscape of such legal proceedings.
Construction Liens – A Short Guide
A construction lien is a legal claim against a property for unpaid work or materials supplied during a construction project.
Ontario as a Substantial Compliance Jurisdiction (Almost) Two Years In
Ontario is almost two years in to being a substantial compliance jurisdiction.
Derivative but Separate: Section 61 of the Family Law Act
When someone is injured in a car accident, it is not just their life that is affected. Their family’s lives may be affected as well.
Is it Ok to Pay a Non-Expert Witness to Prepare for Trial?
When preparing for a trial, it is often important to secure the co-operation of non-expert lay witnesses in advance of the trial. You can issue a summons and require a witness to attend at trial, but it can be very risky to call a witness when you don’t know what they will say.
What to Expect at the CAT
Do you live in a Condominium? Does your upstairs neighbour overwater their outdoor plants, resulting in water build up on your patio? Is the Condo trying to remove your pet, claiming it is too large?
Liability for Hockey Injuries
It’s Thursday night. Your D-division non-contact men’s league is playing at the local rink’s latest possible ice time. You just want to go out, get some exercise, and then get to bed.
Changes to your Employment? When do they Amount to Constructive Dismissal?
As the work environment/employment conditions have evolved over the past few years as a result of the COVID-19 pandemic, some employees are maybe be considering the
implications of various changes to their employment/roles.
Fido – Friend or Foe?
Dogs are a woman’s (or man’s) best friend, right? But what happens if Cuddles decides to turn into Cujo?
Compelling Unresponsive Estate Trustees to Act
An order to accept or refuse appointment under Rule 74.15(1)(a) or (b) of the Rules of Civil Procedure is an under-utilized tool in estate litigation. It allows an interested party to compel the estate trustee, either named in a will or acting as an estate trustee, to seek a certificate of appointment.
Apples to Apples vs the ” Silo Approach” – What are the differences?
Cadieux v. Cloutier 2018 ONCA 903
The Court of Appeal released its decision in Cadieux v. Cloutier (“Cadieux”) in December 2018. This case concerns a motor vehicle accident where the plaintiff, Chad Cadieux, suffered brain injuries after he was pushed onto the road by one of the defendants, Eric Saywell and struck by the truck of a second defendant, Mr. Cloutier.
Sealing off the court from the public eye – what is the risk v. benefit?
The Supreme Court of Canada released its decision in Sherman Estate v. Donovan 2021 SCC 25 in June of 2021. This case concerns the unresolved homicide of Bernard and Honey Sherman, who were found dead in their Toronto home in December of 2017. The couple’s estate and estate trustees attempted to stem the intense press scrutiny prompted by the events. At issue was the probate of a million, if not the billion-dollar estate.
Dealing with a Self-Represented Litigant? Handle with Care
Sometimes during an intake meeting, a potential new client will tell me that they want to hire an “aggressive” lawyer. Their expectation usually has to do with making threats at the outset and being difficult and uncooperative with the other side.
A New Benchmark for Family Law Act Damages
The Ontario Court of Appeal released its decision in Moore v. 7595611 Canada Corp. earlier this year. This case concerned the unfortunate and untimely death of the plaintiffs’ daughter, Alisha Lamers, who died in a fire. Alisha was an only child to divorced but...