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Family

Do I Need Spousal Consent to Sell my Property?

Written by: Dina Nikseresht Under Ontario’s Family Law Act, there is a requirement that consent must be provided by both spouses where matrimonial property is being sold, even if one spouse is not on title. A matrimonial home is a home that is occupied by a person and his or her spouse as their family...
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The Right to Equal Possession of the Matrimonial Home

Written by: Naa Lansana  You may have heard it said that in Ontario, during separation, the matrimonial home receives special treatment. Among the ways in which a matrimonial home differs from other properties is that the Family Law Act (FLA) grants both married spouses an equal right to possession of the matrimonial home upon separation,...
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Understanding Probate in Ontario

Written by: Dina Nikseresht When a loved one passes away, their assets need to be transferred according to their will or, if there is no will, in accordance with Ontario’s intestacy laws. This process is often referred to as estate administration. One of the most misunderstood steps in that process is probate. What is Probate?...
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Appointing a Guardian for Your Children in Your Will

Written by: Dina Nikseresht For every parent, one of the most important decisions to make in your estate planning is choosing who will care for your minor children if you pass away. Appointing a guardian in your will ensures that your children are left to be raised by someone you trust and want to take...
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Understanding Equalization in Ontario

Written by: Naa Lansana  Equalization, authorized under the Family Law Act (FLA), is a legal framework designed to share the economic gains accumulated by parties during their marriage. This applies in several scenarios, among them, when the marriage ends due to separation or the death of a spouse. In the event of a spouse’s passing,...
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Artificial Intelligent in Law: A Cautionary Tale

Written by: Naa Lansana  The legal landscape in recent weeks has been abuzz with commentary on artificial intelligence (AI) hallucinations (fake cases generated by AI), and the negative attention that can ensue for lawyers when AI goes rogue. In the endorsement of Justice FL Myers released on May 6, 2025 following a motion heard in...
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Important Dates in Family Law Matters

Written by: Naa Lansana  The commencement of a family law case necessitates careful consideration of several factors, inclusive of an understanding of key dates and statutory limitation periods. While the following dates are not exhaustive, they include crucial times to bear in mind. The Family Law Act defines the valuation date as the earliest occurrence...
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Separation and Social Media: Lessons from S.B. v. J.I.U.

Written by: Naa Lansana  During separation, couples often experience disappointment and hurt, leading to a strong temptation to seek validation from their community and beyond. In this digital age, where many facets of life are lived out on social media, it is not surprising that some individuals choose to extend their battle online. However, the...
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The Clock Is Ticking: Limitation Periods in Will Drafting Errors

Written by: Dina Nikseresht Case comment: Tessaro v. Gora, 2025 ONSC 198 The Ontario Superior Court’s decision in Tessaro v. Gora¹ highlights the application of the ultimate limitation period on matters dealing with professional negligence in will drafting. Case Background In 1991, Leopold Ryczkowski retained the defendant lawyer to draft his will. The will names...
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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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