Family

Written by: Naa Lansana  Ontario law distinguishes between the rights of a surviving legally married spouse and those of a surviving common-law spouse, providing more extensive protections for legally married spouses. Upon the death of a spouse, a legally married survivor has two primary avenues to pursue, namely a Right of Election under the Family...Read More

Written by: Dina Nikseresht In the recent Ontario Superior Court of Justice decision Bayliss v  Burnham, 2025 ONSC 5376, the Court invalidated the purported will of Kenneth Ryan Hill, a wealthy Six Nations businessman with an estate valued at over $83 million. After the death of Hill, an unwitnessed, single-page, typewritten document was discovered. The...Read More

Written by: Naa Lansana  The Federal Child Support Guidelines (Guidelines) were updated on October 1, 2025 to align with recent tax regulations. The previous update occurred in 2017. Before 1997, child support payments were not standardized, but since then, a predictable system has been in place for payors with regular employment and ascertainable incomes. In...Read More

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...Read More

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?...Read More

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...Read More

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...Read More

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...Read More

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...Read More

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...Read More