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In Ontario, marriage no longer automatically revokes a will

In Ontario, marriage no longer automatically revokes a will

by Howard Nightingale | Jun 14, 2021 | Family Law, Wills & Estates

Last April, Ontario’s estate law reform hit a major milestone with the royal assent of Bill 245. This bill repeals the existing provision in the Succession Law Reform Act (SLRA) that automatically revokes a will upon marriage. Not only does the new bill repeal that...
Parental Alienation: A Double-Edged Sword

Parental Alienation: A Double-Edged Sword

by Howard Nightingale | May 17, 2019 | Family Law, Federal Court Legislation

Who is most guilty of parental alienation, the custodial parent, usually the mother, or the access parent, usually the father?Answer: In his Globe and Mail essay, Judge Harvey Brownstone writes, “We judges often see high conflict-cases where both parents badmouth each...
Bill C-78: Overhauling the Federal Divorce Act

Bill C-78: Overhauling the Federal Divorce Act

by Howard Nightingale | Jul 3, 2018 | Family Law, Federal Court Legislation

Two decades old now, the Canadian Divorce Act is out of date according to the federal government; Bill C-78 is their attempt to modernize it. The bill is promoted as being “child centric:” specifically, the law uses the phrase, Best interests of the child, and directs...
Ontario’s Family Law and the Marriage Contract

Ontario’s Family Law and the Marriage Contract

by Howard Nightingale | Oct 31, 2017 | Family Law

When the Law isn’t Necessarily the Law The essential question is this: can a marriage contract stipulate terms contrary to the Family Law Act? In a word, yes it can. If you receive a marriage contract from your significant other prior to getting married, and it...
Shifting Realities in the Spousal Support Landscape

Shifting Realities in the Spousal Support Landscape

by Howard Nightingale | Jun 3, 2016 | Family Law

As strange as it might seem, the judicial court’s developing approach to spousal support can be illustrated with a brief discussion of winter bird feeding. Many people enjoy feeding wild birds through the cold Ontario winters when the birds’ food sources become...

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