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The situation is further complicated by the self-represented litigant not knowing what they don’t know, says Russell Alexander, principle of Russell Alexander Collaborative Family Lawyers based in the Whitby area.
They might be able to share in an asset, like a pension or an investment. But if they don’t know that they have a right to that, the issue may not be raised and the opportunity is forfeited, he says.
“The basic tenet of any agreement in Ontario is you want proper disclosure so you can make an informed decision as to the compromises you make,” he … more »
Saving The Golden Goose: Part 3 – How Family Run Businesses Can Survive and Thrive After Divorce contributed by Russell Alexander published in Durham Region Law Association biannual newsletter Durlaw Voice.
Did Wife’s Lawyer Know of Husband’s Asset? And Can Court Assume Wife Knew, Too?
Just prior to their marriage, the husband had bought the property, and led the wife to believe it was owned by a development corporation that had been set up. In reality, he put title in his own name – a fact he did not reveal in his sworn affidavits and financial statements.
Did Testator’s Chronic Alcoholism Affect His Ability to Make a Valid Will?
In a recent Ontario Court of Appeal decision involving a Wills and Estates matter, one of the main questions was whether the testator – a man named Jack – was so impacted by his chronic alcoholism and the after-effects of a heart attack that he did not have the legal capacity to validly make the Will that entirely excluded his wife Loretta.
Cited by John-Paul Boyd in Slaw, “Russell Alexander posted some comments yesterday on the recent decision in Kirby v Kirby that has given me pause for thought. As Alexander describes things, this case required an almost inconceivable 17 years to get to a final order, including a 10-day trial, due in part to the wife’s lack of representation.” Read full article here… more »