13 August

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Powers of Attorney

Power of Attorney for Property A continuing power of attorney for property will continue even if the person granting it becomes legally incapacitated for health reasons. It must be in writing and witnessed by two persons. In order for it to be a continuing power of attorney it must state so. It is deemed to be in effect as soon as it is executed unless the grantor instructs otherwise in writing in the actual Power of Attorney...

13 August

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Wills

Posted by DeKrupe

in Wills

Requirements of Wills In Writing A will has to be in writing, typed or hand written. A tape-recorded or videotaped will is not valid. Signed by the Testator A will has to be signed by the person making the will. If a person is unable to sign with his own hand he can direct another to do so in his or her presence, in this case testator must acknowledge in the presence of...

13 August

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Spousal Support

Posted by DeKrupe

in Family Law

Who has a claim for spousal support? Two claims of entitlement to spousal support: Compensatory claims – a) spouse’s economic loss or disadvantage because of the marriage, abandoned careers because of the role a spouse had to take on during the marriage, a...

13 August

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Matrimonial Home

Posted by DeKrupe

in Family Law

What is a matrimonial home? The matrimonial home is defined in s.18 of the Family Law Act as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinary occupied by the person and his or her spouse as their family residence.” It is possible to have more than one matrimonial home as long as both or one spouse considers that property to be their family residence. Property bought or used only for investment that are rented out would usually not fall under this category. Do I have a right...

13 August

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Foreign Divorce Opinion Letter

Posted by DeKrupe

in Family Law

Who can provide a Foreign Divorce Opinion Letter? In Canada only a lawyer can provide such a letter as only a lawyer has the right to practice family law in Canada. A paralegal cannot provide such a letter as a paralegal is not qualified and is not...

13 August

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Domestic Contracts

Posted by DeKrupe

in Family Law

Marriage Contract Property ownership and division of such; Support obligations; Any other matters. Marriage contract may not: Deal with child custody or access rights; Purport to limit a spouse’s rights to possession of the matrimonial home under part II of the Family Law Act. Cohabitation Agreements A cohabitation agreement usually deals with the following: Property ownership and...

13 August

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Custody/Access

Posted by DeKrupe

in Family Law

What is custody? There can be sole custody when one parent makes all the decisions or joint custody where both parents make the decision. Principles of determining custody: The main principle is do what is best for the child. That being said here are some of the principles that the court will keep in mind: Usually siblings should stay together. The wishes of the child, especially an older child, are considered. Past conduct of the parents is usually not relevant unless it has a...

13 August

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Child Support

Posted by DeKrupe

in Family Law

Family Law Act and Divorce Act each require parents to provide support for their children. DIVORCE ACT Under s. 2(1) of the Divorce Act a “child of marriage” a child of two spouses or former spouse who: Is under the age of majority (18 years in Ontario) and who has not withdrawn from their charge, or Is the age of majority or over and under their charge but unable, by reason of illness, disability, or other cause, to withdraw from their charge or to obtain the necessaries of life. According if the child is over 18 years of age but is...

13 August

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Statute of Frauds

Posted by DeKrupe

in Contracts

It states that certain types of contracts must be in writing and signed by the parties. Such contracts include: Contracts by an executor of an estate to pay debts of the estate from personal funds; Contracts by a person to guarantee the debts of another or be responsible for the tort obligations of another; Contracts for the sale of land or...

13 August

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Contractual Defects

Posted by DeKrupe

in Contracts

The reasons for a contractual defect can be one of the following: Misrepresentation; Duress; Undue Influence; Unconscionability; Mistake; ...

13 August

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Contract

Posted by DeKrupe

in Contracts

A contract does not have to be some long documents prepared by lawyers. In fact a person encounters contracts throughout his or her daily life, in a form of paying for parking, bus token, even buying a cup of coffee involves a contract. A contract can be oral, written and then it can be explicit like an apartment lease that spells out the terms of the contract or implicit just like you buying a cup of coffee buy handing the money and taking...

13 August

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Breach of Contract

Posted by DeKrupe

in Contracts

Remedies The Remedies available in the event of breach of contract include Damages – the most common remedy for breach of contract, damages are a sum of money to compensate the injured party. Specific Performance – In some cases simply awarding a sum of money might not be enough to compensate the injured party, and equitable remedy specific performance might be awarded to require the party at fault to perform his...

Author: DeKrupe