They say love conquers all… until it comes to divorce proceedings and the distribution of property. Then, all bets are off. Things can become especially heated when the soon-to-be exes discuss what happens to their home. Tempers can rise and you might find yourself saying things you’ll later regret. All that can be avoided, though. Drafting a prenuptial agreement can prevent arguments about...
Are some of your fondest memories from the summers you spent at your family’s cottage? If you’re going through a divorce, you might be worried you’ll lose access to it forever. Read on to learn about how Ontario’s divorce laws treat cottages and recreational properties and what that means to you.
The Matrimonial Home
Ontario law recognizes the matrimonial home as a...
There is ample case law confirming that the beneficiary of a trust has a property interest for FLA purposes. Black v. Black, O.J. No. 1975, 18 R.F.L. (3d) 303 (H.C.J.); Brinkos v. Brinkos, O.J. No. 1140, 20 R.F.L. (3d) 445; and many others. I have never seen a case where a non-beneficiary of a trust was found to have a property interest in the trust for FLA purposes.
In Spencer v. Riesberry,...