In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term […]
I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain
Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to
Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for
Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at Bonnie’s car dealership to look after things at home. At trial, Justice Greer found that they were very
