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Miller Thomson blogs
Living together, separately: Making a case for spousal support, without ever sharing an address
May 13, 2021
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Family Law Blog
Common law relationships are increasingly becoming the norm as more people are consciously choosing not to marry. In Ontario, there remains to be a different set of legal rights, obligations and entitlements to those in a common law relationship versus...
Living apart together relationships
May 6, 2021
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Family Law Blog
Can two people qualify as “spouses” if they do not live together? This post looks at “living apart together” (or “LAT”) relationships from the perspective of spousal support. Long-term, committed LAT relationships are not entirely uncommon. For a variety of...
Why competent legal advice is fundamental
May 5, 2021
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MT Estate Litigation Blog
Interpretative principles reiterated – “for awhile” does not mean indefinitely Four main principles of will interpretation were recently illustrated in Kirst Estate (Re), 2020 ABCA 233. In that case, the deceased left all of his assets, the most significant of...
Can I waive support in a separation agreement?
April 29, 2021
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Family Law Blog
Many parties who are separating wish to avoid the time and expense of the court process and instead enter into a separation agreement. A separation agreement works like a contract which sets out all of the terms regarding the separation....
“Yes, I do” – what does it entail?
April 26, 2021
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Family Law Blog
When two people get married, they are naturally convinced that it will be for life, and don’t necessarily think about the financial ramifications of saying the famous “I do.” Unfortunately, some marriages do end in divorce. When our clients come...
Ransomware – Privacy law, sanctions, and the pandemic
April 22, 2021
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MT Cybersecurity Blog
It is trite to say that no matter the sector, size, or location of an organization, cyberattacks can be devastating. As we have seen throughout 2020 and this year in Canada and elsewhere, data breaches and operational interruptions caused by...
Make sure you are compliant with your support obligation when appealing
April 15, 2021
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Family Law Blog
The Court of Appeal in Abu-Saud v. Abu-Saud, 2020 ONCA 824 (CanLII) recently affirmed its jurisdiction to quash or dismiss an appeal due to non-compliance of a spousal support order. In this case, the Respondent Wife was successful in her...
There is ‘No Turning Back’ says the Canadian Bar Association
April 8, 2021
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Family Law Blog
The Canadian Bar Association recently released its COVID-19 Task Force Report on justice issues which have risen due to COVID-19. This report assesses the immediate and evolving issues for the delivery of legal services resulting from the COVID-19 pandemic, outlining...
Pour over clauses and the Quinn estate
March 17, 2021
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MT Estate Litigation Blog
Connections between Canadians and Americans have never been as abundant or transparent as they are now as many Canadians own American property, have American spouses or partners, and have children and grandchildren born or living in the United States. As...
A prayer for cy-près
March 8, 2021
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MT Estate Litigation Blog
What happens when a well-intentioned philanthropist has outlived or misnamed the charity they intended to benefit on their death? Funds a testator has earmarked for a particular philanthropic purpose or organization cannot always be used as they were intended. When...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.