In my last blog, I discussed the length of cohabitation to be considered common law spouses in the Canadian provinces and territories.

In this blog, I will discuss what the implications of being considered a common law spouse has on property division after separation throughout Canada.

The following chart shows the Canadian province or territory and property division after separation for common law spouses.  Read the rest of this entry »

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There are many common questions which Family Lawyers are asked. One of the most common questions is: How long do couples have to live together before they are considered to be common law spouses?

The answer, for Family Law purposes, is that it varies in different provinces across Canada.

The following chart shows the Canadian province or territory and the length of cohabitation to be considered common law spouses. Read the rest of this entry »

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Section 2 of the Substitute Decisions Act, 1992 (the “SDA”) sets out the principle that a person who is 18 or older is presumed to be legally capable (specifically, of “entering a contract”).  In other words, every adult person is presumed to have the ability to make legal decisions for him- or herself and it will be up to anyone claiming otherwise to prove it.

If the question of mental capacity is an issue in a legal dispute, it is possible to obtain a Court Order requiring an individual to submit to a capacity assessment.  Not surprisingly, these Orders are only granted after close scrutiny by the Court.
Read the rest of this entry »

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Last week, Julie Layne wrote a blog on the misuse and misunderstanding of the word custody. She discusses how disputes over children in popular culture, are labeled as “custody battles”.

A recent example surfaced this week in a court proceeding between celebrities Halle Berry and Gabriel Aubrey. Throughout the week, the media has used headlines for this story to indicate that the “custody battle” is over which parent will lose the child and their status as parents to that child.

Media headlines such as the ones in this case, only reinforce other parent’s beliefs that the word custody is a battle for the child, instead of its legal meaning, which is making major decisions regarding the child. Read the rest of this entry »

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On May 12, 2010 the Ontario Ministry of Consumer Services introduced the Not-for-Profit Corporations Act, 2010.  The new Act received Royal Assent on October 25, 2010.  It is anticipated that it will be proclaimed into force in late 2012.

The Canada Not-for-Profit Corporations Act received Royal Assent in June, 2009 and is expected to be proclaimed into force this Spring. 

These two Acts include definitions to categorize not-for-profit corporations. 

In Ontario, certain not-for-profit corporations will be defined as Public Benefit Corporations.

Federally, there will be a distinction between Soliciting Corporations and Non-Soliciting Corporations.

ONTARIO – Public Benefit Corporations

 The new Ontario Act defines a public benefit corporation as a charitable corporation or a non-charitable corporation that receives financial benefits from people who are not members, directors, officers or employees, including government grants or similar financial assistance, that exceed $10,000 in a financial year.

Public benefit corporations will be held to a higher standard than non-public benefit corporations in terms of being accountable for their financial activities because they receive funding from non-members.
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