Divorce and the Family Business
Gilbertson Davis » Family Law
by David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator
4M ago
Family Business Challenges from Divorce or Separation Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present unique challenges as they grow should the personal relationships of the key members of the family business change or deteriorate. Divorce and separation can have serious impact upon family-owned and family-run businesses, whether incorporated companies or partnerships. Changes in a family business and the challenges presented by change can often result in legal disputes between interested parties. Family business disputes are of ..read more
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Top Four FAQs for Stepparent Adoptions in Ontario
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
11M ago
Many modern blended families wish to reflect their emotional bonds through the adoption of children by their stepparents. Here are four key things to know about stepparent adoptions. The Consent of both parents is required. To proceed with a stepparent adoption of a child, you need to obtain the consent of both of the child’s parents, not just the consent of your spouse. You need to obtain the consent of both parents, even if one parent has not been involved in the child’s life. Often, one parent will refuse to provide their consent or not respond to the request to dispense with their consent ..read more
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Stepparent Adoptions: Dispensing with a Parent’s Consent
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
11M ago
In Ontario, a stepparent who wants to adopt a stepchild less than sixteen years of age needs to obtain the consent of both of the child’s biological parents. Often, one parent will refuse to provide their consent or will not respond to the request to dispense with their consent. If one of the parents does not provide their consent to the adoption, the stepparent will need to ask the court to dispense with that parent’s consent. The court may do so if they are satisfied: The adoption is in the child’s best interests and The parent whose consent is required has received notice of the proposed ad ..read more
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Impact of Divorce or Separation on a Family Business
Gilbertson Davis » Family Law
by David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and Mediator
11M ago
Family Business Challenges from Divorce or Separation Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow should the personal relationships of the key members of the family business change or deteriorate. Divorce and separation can have serious impact upon family-owned and family-run businesses, whether incorporated companies or partnerships. Changes in a family business and the challenges presented by change can often result in legal disputes between interested parties. Family business disputes a ..read more
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COVID Vaccination – Can You Force Your Child to Be Vaccinated?
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
In O.M.S. v E.J.S., 2023 SKCA 8, a Saskatchewan father recently tried, and failed, to get a court to order that his 13-year-old daughter be vaccinated against Covid-19. The case illustrates some of the key principles that courts regularly apply when making determinations about medical treatments in the face of disagreements between separated or divorced parents. In this case, the parents had been separated since 2012. The parents had a high conflict relationship with numerous court attendances. Their daughter lived primarily with the mother, and under the terms of the decision-making responsib ..read more
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How to Set Aside (Cancel) a Separation Agreement: Part 2
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
As Part 1 of this series explained, courts generally respect the arrangements negotiated by parties in separation agreements, but can “set aside” (cancel) a separation agreement for several different reasons. Part 1 discussed two common grounds, (i) misunderstanding of the nature or consequences of the agreement, and (ii) duress, undue influence, fraud, misrepresentation, or public policy reasons. This Part 2 covers another common ground, failure to meet the financial disclosure requirements of the Family Law Act. Financial disclosure is the key obligation in family law. One of the most common ..read more
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How to Set Aside (Cancel) a Separation Agreement: Part 1
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
Courts generally respect the arrangements negotiated by parties in separation agreements. However, under the Family Law Act, there are several grounds on which a court can “set aside” (cancel) a separation agreement. A party seeking to set aside a separation agreement must show the court their matter falls within one of these grounds and then convince the court to exercise its discretion in their favor and set aside the agreement. A recent case illustrates two of the most common grounds to set aside a separation agreement: (i) if a party did not understand the nature or consequences of the dom ..read more
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The Top Four Family Dispute Resolution Options
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
Most separating spouses do not resolve their parenting, support, and property issues in court. In fact, Canada’s Divorce Act requires separating spouses and their lawyers to try to resolve these issues through an out-of-court process unless it is inappropriate to do so.  This can be a cheaper, faster, and less acrimonious way to settle family law disputes than traditional court litigation.  These out-of-court options are referred to by the general term ‘family dispute resolution process’ (FDR). The most common forms of (FDR) processes, are negotiation, collaborative family law, media ..read more
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Limitation Periods in Family Law
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
A limitation period is the amount of time within which the law permits one to bring a legal claim or action. Claims started after a limitation period has ended can be barred. Under the Limitations Act, there is a general two-year limitation period. In family law there are several different limitation periods that prospective and current family law clients should be aware of. Under the Family Law Act, married spouses may make a claim for equalization of net family property within the earliest of (a) two years after the marriage is terminated by divorce or judgement of nullity; (b) six years aft ..read more
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Corona Divorce: Worldwide Increase in Divorce Rates and Inquiries After Coronavirus Quarantine
Gilbertson Davis » Family Law
by Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.
1y ago
Divorce rates and inquiries have dramatically increased across the world because of lockdowns brought by governments intended to stop the spread of COVID-19. The stress of the pandemic, coupled with being confined in close quarters for weeks, added financial worries and increased childcare responsibilities are thought to be behind this increase. Back in March, Baroness Shackleton of Belgravia, one of the UK’s most eminent family law lawyers told her peers at Westminister: “The prediction amongst divorce lawyers is that following self-imposed confinement it is very likely that the divorce rate ..read more
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