Information About Feigenbaum Law Blog
- What Constitutes a “Material Change in Circumstances” in Custody Cases
A recent Ontario case shows that a child getting older does not in itself constitute a “material change in circumstances” that will allow for the variation of a custody order. What Happened? The mother and father had never cohabitated or had a relationship. They had several casual encounters that re … Read more »
- Do Parents Have an Obligation to Pay for their Adult Child’s Education?
The Alberta Court of Appeal recently refused to order a father to pay for his adult daughter’s college education, after the mother filed a claim for child support and expenses. Facts The daughter graduated from high school in 2013, soon after the parents had separated. She enrolled in post-secondary … Read more »
- Granting a Divorce Based on Mental Cruelty Allegations
In Canada, divorce is regulated by the federally-enacted Divorce Act. In order to obtain a divorce, one or both spouses must prove there has been a breakdown of the marriage. Under s. 8(2) of the Divorce Act, there are three ways in which to prove a breakdown of the marriage. They are: The spouses h … Read more »
- Estate Litigation: Frivolous and Vexatious Proceedings
The Ontario Court of Appeal recently issued a decision in which a grandson’s claims in a decade-long estate litigation were dismissed for being frivolous and vexatious. What Happened? In an ongoing estate case that spanned almost a decade, a grandson believed that he and his siblings were unfairly e … Read more »
- Limitation Periods in Estate Cases
The Ontario Court of Appeal recently issued a decision on whether s. 7 of the Ontario Limitations Act applies to extend the time within which an estate trustee can bring a claim that the deceased person had before death. Facts In 2007, the deceased person had loaned the respondent $55,000 secured by … Read more »
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