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 »
We are pleased to announce that we have published a new section on our Divorce Information Centre entitled, Representing Yourself In An Ontario Family Matter. For more information on getting started with self-representation, click here.
New information on family law separations and divorce is shared regularly on our Divorce Information Centre. Stay tuned for more!… more »
Russell Alexander was interviewed for a story written by Marg. Bruineman for Law Times.
Many of the changes to the Divorce Act, including the move away from the language such as sole custody and access, which he describes as fighting words locking people into positions, toward the gentler parenting time has largely been adopted by family lawyers…
“It’s really child-focused legislation,” he says. “Ultimately, it’s going to be better for families.”