Adams & Leduc
Seaway Mall 800 Niagara Street L3C 5Z4 Welland, ON, Canada

While parties are generally free to decide for themselves what bargain they are prepared to make, decisions about what constitutes an acceptable settlement can only authoritatively be made if both parties come to the negotiating table with the information they need to consider what concessions to accept or offer. This requires that there be a duty on separating spouses to provide full and honest disclosure of all relevant financial information in order to help protect the in...tegrity of the negotiating process. This duty not only anchors the ability of separating spouses to genuinely decide for themselves what constitutes an acceptable bargain, it helps ensure the finality of agreements. An agreement negotiated with full and honest disclosure and without exploitative tactics will likely survive judicial scrutiny. [4549] Decisions > Supreme Court Judgments > Rick v. Brandsema Ref:(scc-csc.lexum.com/scc-csc/scc-csc/en/item/6396/index.do) See more

Preparing a will should be quite straightforward. Your lawyer should be able to assist you to document your wishes in a relatively timely manner, at a reasonable cost.

There are limits to when a court will use paternity testing, what matters is what is in the best interest of the child.

Many family law disputes are better resolved with a team in a non-adversarial setting, and more lawyers are offering this kind of help.

https://www.adamsleduc.com/will-preparation-todays-technol/

http://www.adamsleduc.com/check-out-the-checklist/

Ever wonder if those long fine print clauses you see on line that require you to click on agree to the terms of service agreements are enforceable? It’s pretty certain that most users never read the details in the fine print and I have never heard of anyone seeking legal advice about same, you just click on the ‘agree’ button and off you go. Well, the Supreme Court of Canada took on Facebook’s clause that would require all lawsuits against them to be brought in California. Our court decided in the circumstance of this case, the action could be brought in Canada, British Columbia to be more exact. Interesting reading on how the courts look at these clauses . It was a close call, with the court splitting on it’s decision http://www.adamsleduc.com/768-2/

http://www.adamsleduc.com/bootleg-cheese/

What do you get for the loss of use of your Ferrari when the repair shop crashes it into a truck? http://www.adamsleduc.com/721-2/

As of April 1, 2017 the Supervised Access fees were changed at all centres funded by the Ministry of the Attorney General and will come into effect for Niagara as of May 1, 2017. These changes are being implemented to ensure that there is a level of standardization across the province. It will promote fairness and equity for service users as well as increased transparency about all centre fee policies. http://www.adamsleduc.com/supervised-visitation-exchange-n/

Head on over to the Real Estate section of our page to checkout the updated version of the Land Transfer Tax calculator and Fee Estimator. http://www.adamsleduc.com/suggested-fee-land-transfer-tax-/

In Ontario, the estate is subject to an Estate Administration Tax, which we normally refer to as the probate fee. This fee is based upon the value of the estate, net of some liabilities. You can use this tool to calculate the actual probate fee by inputting the data. Trustees of the Estate are required to file a form with the Ontario Government to confirm that fee and this is subject to audit later by the Province. http://www.adamsleduc.com/estate-administration-tax-calcul/

Can the father of a child, who has completely renounced his child and had no contact with the child from birth through the first 18 years of the child’s life, be called upon to pay child support retroactively to the child’s birth? In British Columbia, the lower court said yes and allowed child support retroactive for 18 years and on a go forward basis. The Court of Appeal disagreed and only allowed retroactive support for 3 years, together with ongoing support. The Supreme Court of Canada dismissed a leave to appeal that decision. The answer therefore is no, you cannot ignore or escape the responsibility to support a dependant child, even if you choose to ignore the child. http://www.adamsleduc.com/retroactive-child-support/

Without any fanfare or public announcements the issue of doctor assisted end of life services is in place now. While this is primarily a medical process involving medical professionals, lawyers will need to be familiar with this process. http://www.adamsleduc.com/medical-assistance-dying/

Please see the attached Executors Checklist that can be used as a guide for the responsibilities and duties that are likely to fall on anyone acting as an executor. http://www.adamsleduc.com/executors-checklist-estate-amini/

https://www.ontario.ca//osap-ontario-student-assistance-pr

Have you ever wondered what happens to your estate if you do not have a will? http://www.adamsleduc.com/what-if-there-is-no-will/

The court refused to make an order dealing with the two-year-old child's hair, although it was clear that the father would cut the child's hair during access visits because he knew the mother did not want him to do it. There are some orders that the court simply ought not to make, and one of them is an order restraining a parent from cutting their child's hair (at para. 20). However, the court expected these actions to factor into the determination of custody and access on a final basis. http://www.adamsleduc.com/621-2/