Fasken Martineau DuMoulin LLP Archives - Page 3 of 3

Separation and Divorce: Implications

Brittany Sud • May 19, 2017 • 0 Comments

Separation and Divorce: Implications[1] In Ontario, there are significant implications when a couple (both common-law and married) separates and when a couple divorces. As more and more couples live in common-law relationships as well as the rate of divorce in this day and age, it is important to consider the following implications. Separation – Common-Law Partners: Support: For common-law couples, a partner may be able to apply for support if….

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Separation, Spouse

Mutual Wills versus Reciprocal Wills

Brittany Sud • January 13, 2017 • 0 Comments

In the Ontario Superior Court decision, Lavoie and Trudel, 2016 ONSC 4141 (“Lavoie and Trudel”), the court was tasked with determining the validity of a will made on December 5, 2007 (the “2007 Will”) by the deceased, Lucien Trudel (“Lucien”), following his wife, Madeleine Denis’ (“Madeleine”) death. Among the issues concerning the validity of the 2007 Will was whether the wills made on March 30, 1983 (the “1983 Wills”) by….

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Estate Planning, Wills

Medical Assistance in Dying – Where Are We Now?

Brittany Sud • September 9, 2016

Since February 6, 2015 when the Supreme Court of Canada decided in Carter v Canada, 2015 SCC 5 to strike down the ban on assisted dying in the Criminal Code, RSC 1985, c C-46 as being unconstitutional, the government was obligated to legislate who would be eligible to obtain medical assistance in dying, what safeguards ought to be followed to ensure that vulnerable individuals would be protected and to create a system that would monitor accountability, transparency and public trust. After much discussion and consultation on the controversial legislation, on June 17, 2016, Bill C-14 received Royal Assent…..

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Estate Planning