17 April

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Family Law Litigation Procedure in Ontario: A Comprehensive Guide

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Table of Contents Introduction Pre-Litigation Considerations Initiating the Litigation Process Case Management and Settlement Conferences Preparing for Trial The Trial Process Post-Trial Matters Conclusion Introduction Family Law Litigation in Ontario can be a complex and emotionally challenging process. This guide aims to provide a detailed understanding of the procedures involved in family law litigation, making it easier for parties to navigate the legal system and achieve a favorable outcome. Pre-Litigation Considerations Before initiating the litigation process, parties should explore alternative dispute resolution (ADR) options such as mediation, collaborative law, or arbitration. ADR can save time, reduce costs, and minimize the emotional stress associated with...

17 April

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Comprehensive Guide to Estate Litigation: Protecting Your Rights and Interests

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Table of Contents Introduction to Estate Litigation Common Grounds for Estate Litigation The Estate Litigation Process Role of Estate Litigation Lawyers Strategies for Successful Estate Litigation Alternative Dispute Resolution in Estate Litigation Conclusion Introduction to Estate Litigation Estate litigation is a legal process that arises when disputes occur in relation to the administration, distribution, or interpretation of a deceased person's estate. It involves resolving conflicts among beneficiaries, executors, trustees, and other interested parties to ensure a fair and just outcome. Estate litigation can be complex, time-consuming, and emotionally challenging for everyone involved, making it essential to have a deep understanding of the...

10 April

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Estate Planning

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Estate planning is a critical aspect of life that often gets overlooked until it's too late. It's important to work with an estate lawyer to ensure that your assets are distributed according to your wishes and your loved ones are taken care of. One of the main areas where estate lawyers provide their expertise is in estate litigation. Estate litigation involves legal disputes over the distribution of assets of a deceased person, and it can be complex and emotionally charged. An experienced estate litigation lawyer in Toronto can help you navigate the process and ensure that your interests are protected. Estate litigation...

11 February

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When Can I Challenge a Will for Lack of Testator Capacity?

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Losing a loved one can be one of the most difficult experiences in life. The grief that comes with the loss of a family member or friend can be overwhelming. But, what happens when a will is contested? In some cases, a will can be challenged for lack of testator capacity. But, when can this be done? In this article, we will explain the circumstances under which a will can be contested for lack of testator capacity. What is Testator Capacity? Testator capacity refers to the mental ability of a person to make a valid will. A person who has testator capacity...

18 December

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What factors are taken into account when determining spousal support in Ontario?

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In Ontario, spousal support (also known as alimony or maintenance) is financial support that one spouse pays to the other after separation or divorce. The purpose of spousal support is to recognize any economic advantages or disadvantages that may have arisen during the relationship or marriage, and to help the recipient spouse become financially independent. There are several factors that are taken into account when determining spousal support in Ontario, including: The length of the relationship or marriage: The longer the relationship or marriage, the more likely it is that one spouse will be entitled to spousal support. The role each...

18 December

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How can I enforce foreign divorce in Ontario?

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In Ontario, if you were married in a country other than Canada, you can apply to have your foreign divorce recognized in Ontario. To do this, you or your family law lawyer will need to file an application with the Ontario Court of Justice. To apply for recognition of a foreign divorce in Ontario, you will need to: Gather all relevant documents, including your divorce decree, marriage certificate, and any other documents related to the divorce. File an application for recognition of a foreign divorce in Ontario. This can be done through the court's online filing system or by contacting the...

16 December

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When will a Court find that there’s a Joint Family Venture?

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In Ontario, a court may find that a joint family venture (JFV) exists when two or more family members enter into a business or other venture with the intention of working together to achieve a common goal or purpose. A JFV can be found to exist even if the parties do not formally create a legal business entity or enter into a written agreement, as long as the necessary elements are present. The common goal does not need to be profit-driven, either. The goal can be something akin to raising a family together and sharing responsibilities within the household. There are...

16 December

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What rights does a vendor have in Ontario when the buyer backs out of an Agreement of Purchase and Sale?

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In Ontario, when a buyer backs out of an Agreement of Purchase and Sale (APS), the vendor may be entitled to damages if the vendor can prove that they have suffered a loss as a result of the buyer's actions. The vendor's rights in this situation will depend on the terms of the APS. It is important to carefully review the APS and seek legal advice from a real estate litigation lawyer if you have questions about your rights as a vendor. If the APS has been terminated due to the buyer's default, the vendor may be able to keep any deposit...

15 February

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When an employee’s hours and pay are reduced, what can they do?

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An issue that frequently comes up is when an employer suddenly changes an employee's working hours and pay. Employees turn to Z Legal Litigation Lawyers to find out what their rights are in these situations. When an employer's conduct shows an intention no longer to be bound by the employment contract, the employee has the choice of either accepting that conduct or changes made by the employer or treating the conduct or changes as a repudiation of the contract by the employer and suing for constructive dismissal. An employee will be found to have been constructively dismissed if the employer has...

24 January

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Square Footage Misrepresented on MLS? What Happens Next?

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What is the effect on a signed agreement of purchase and sale when the buyer discovers prior to closing that the square footage in the MLS listing was inaccurately inflated? Rescission may be obtained on the basis of a non-fraudulent misrepresentation where the defendant has made a false statement that was material and induced the plaintiff to enter into the contract. The effect of a material misrepresentation is to make an executory contract voidable, not void. On acquiring knowledge of the misrepresentation, the deceived party has the right to elect to affirm or rescind the contract within a reasonable time after...