fbpx

What Do Common Law Partners Receive When They Separate?

Introduction If you are cohabiting with your common-law partner, you may have wondered what would happen if you both separate in the future. Well, you are not alone. Many couples in a relationship or about to enter a new common-law relationship have this apprehension when they want to safeguard their assets from the impact of any future separation. What Happens in a Common Law Separation? So, if you are paying down most of the mortgage on your house, you may wonder whether your common law spouse has a share in the house. The answer to that depends on a variety of factors. If the house...

Continue reading

What is an Emigrant Vs Immigrant?

Immigrant and Emigrant are two very similar sounding persons who in fact, have very diverse objectives. Both Immigrant and Emigrant are looking to move across countries and maybe even continents. So, mobility is the common factor in both the terms. The movement can have permanent or temporary implications. So, either an Immigrant or Emigrant may be looking to make a permanent move to one country or making plans for a temporary relocation only. Immigrant An Immigrant is a person who is making plans to enter into another country and settle down there. The Immigrant would be wishing to find a new home in...

Continue reading

Buyer Beware – Uncovering the Taxes arising from Non-Residency of the Property Seller

Introduction Did you know that the Canadian tax code has a rule in which the property purchaser can be held responsible for paying the capital gains tax on the transaction on behalf of the non-resident seller? You will need to take precautions if you are dealing with a non-resident seller of a house or condo if you don’t want to be responsible for paying someone else’s capital gains tax. Let’s review the facts of the recent case, in which this matter was highlighted. All Canadian residents have to pay tax on their worldwide income, while non-residents pay Canadian taxes, only when they earn...

Continue reading

Establishing Time Limits on Spousal Support Waivers

spousal-support

Establishing time limits on spousal support waivers can act as a positive force to reduce the possibility of Cohabitation Agreements challenges. Case Facts Recently, the Ontario Court of Appeal upheld a cohabitation agreement which barred both the parties from making spousal support claims. The cohabitation agreement was signed in 1997 when the parties were living together. At the time of litigation, the couples were married with two children. In Court, the contract was sought to be nullified by the wife on the premise that it did not seek to meet the Divorce Act objectives. Decision and its Legal Implications Ontario’s highest court sided with...

Continue reading

The Eligibility for Child Support for Adults with Disabilities

An Ontario Court of Justice case, Coates v Watson, has broadened the child support eligibility for adult children with disabilities of unmarried parents. Previously, under Ontario’s Family Law Act governing unmarried parents, adult children were eligible for child support only if they are in full-time school. However, under the Divorce Act, an adult child who is unable to live independently due to disability, illness or other reason, is eligible for support. In this case, the Judge adopted the Divorce Act wording, and matched the federal and the provincial legislation and brought them on an equal level. This ruling enables adult children with...

Continue reading

Ontario Court Awards $200,000 in Sexual Assault Civil Lawsuit

On August 20, 2018, in a landmark judgement, the Ontario Court of Appeal upheld that no breach of trust is not a reason for modest damages in a sexual assault lawsuit. In this case, Zando Vs Ali, a male doctor sexually assaulted a female colleague. A total of $200,000 was awarded to the plaintiff which included $25,000 in punitive damages and $175,000 in general damages. Pre-judgement interest and legal costs amounting to $480,000 were also ordered payable to the plaintiff due to significant delays in going to trial. Justice Katherine va Rensburg held that the sexual battery charges are awarded for not...

Continue reading

Quebec’s popular Immigrant Investor Program reopens September 10

The Quebec Immigrant Investor Program will reopen September 10 for a total of 1,900 applications. This typically popular program is the only provincial immigration stream that allows applicants to obtain permanent residence through a passive investment. This means that candidates are only required to make an investment in Quebec for a five-year term, whereas many Canadian provinces have immigration streams for entrepreneurs that require candidates to actively run a business. As a result, quotas for the Quebec Immigrant Investor Program (QIIP) generally fill quickly. A maximum of 1,330 applications will be accepted from China (including Hong Kong and Macau) during the intake period, which is...

Continue reading

Owner and the Named Insured

Auto Insurance Policy - Similarities between the Owner & the Named Insured Ontario (Finance) v. Traders General Insurance (Aviva Traders), 2018 ONCA 565 (CanLII) Case Facts This case was between the Minister of Finance, Ontario and Traders General Insurance. In this circumstance, there had been an accident of a vehicle which was owned by Peter Leonard. Traders General Insurance was the auto insurer of the vehicle and sent a policy termination notice to Anne Leopard, the ‘named insured’ under the auto insurance policy. But, the vehicle was not owned by the named insured under the policy. Peter Leonard owned the Hyundai motor vehicle in...

Continue reading

Minimum score stays at 2018 low of 440 in latest Express Entry draw

A new Express Entry draw held August 22 has issued a total of 3,750 invitations to apply for Canadian permanent residence. The minimum Comprehensive Ranking System score in this draw was 440. This is the third draw in 2018 to feature a minimum score of 440, which is the lowest CRS score drawn in 2018 to date. Both the minimum CRS score and the draw size in the August 22 were the same as the previous draw, held on August 8. The Express Entry system manages the profiles of candidates in Canada’s three main federal economic immigration categories — the Federal...

Continue reading

IRCC to Accept 20000 Parent Sponsorships in 2019

IRCC to Accept 20,000 Parent Sponsorships in 2019, Controversial Lottery System Scrapped The Liberal government just scrapped the lottery system under the reunification program for immigrant families. Faced with increasing criticism, the Liberals have now introduced an online system which will favor applicants on a first come, first served basis. Number of applications under the program has been enhanced to 20,500 in 2019 and 21,000 in 2020. Increased Number of Applications Immigration, Refugee and Citizenship Canada (IRCC) will gradually increase the number of applications under the program. 2018 will see 17,000 applications being accepted, followed by 20,000 applications in 2019. IRCC press...

Continue reading
Translate »