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Limitation Periods and Equalization – The Time-Related Expiry of Rights and Obligations

January 18, 2018

Written By Allison R. McAlpine In law, a limitation period refers to the amount of time that a claimant has to start a court proceeding for a claim against another person before their rights to start that claim expire. Put another way, a limitation period is the time limit that a person has to start court for a claim.  If the person misses that limitation period, then his/her claim expires under the law.  This is also referred to as a claim being “statute-barred.” Equalization In Ontario equalization cases (property division…

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Child Support Tables updated as of November 22, 2017

January 02, 2018

Written By Allison R. McAlpine The Child Support Tables under the Federal Child Support Guidelines were updated and took effect on November 22, 2017. The Federal Government updated the Tables to reflect more recent tax rules. In Ontario, the amount of child support that a parent pays is largely governed by the Child Support Tables under the Child Support Guidelines – you determine the province the payor is from, the payer’s income, and how many children are entitled to support, and find the corresponding amount under the Tables to arrive…

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Equalization – What is It and How is It Calculated?

January 02, 2018

Written By Allison R. McAlpine In Ontario, equalization refers to property (assets and debts) division for married spouses only. This does not apply to common-law couples (i.e., couples who cohabit but do not marry). Generally, for each spouse, the following calculation is completed: add up all of the assets that the spouse owned on the date the parties separated (also known as the “valuation date”); subtract all of the debts that the spouse had on the date of separation from the value in (a) above to obtain that spouse’s net…

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Why You Should Hire a Lawyer: The Dangers of “Do It Yourself Family Law.”

January 02, 2018

Written By Allison R. McAlpine Many individuals choose to represent themselves in a separation or divorce. Some examples are as follows: A party representing himself/herself in Family Court; Both parties unrepresented and draft a Separation Agreement amongst themselves; One party represented by a lawyer and the other party not obtaining Independent Legal Advice before signing a Separation Agreement. There are dangers in all of these options as follows: Self-Representation in Court – you are more likely to obtain a positive resolution if you hire a lawyer to represent you in…

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