The All Families Are Equal Act

The All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 (hereinafter the “All Families Are Equal Act”), came into force as January 1, 2017 and affects all births registered after that date.

According to the Ministry of the Attorney General, “the new law will:

  • Provide greater clarity and certainty for parents who use assisted reproduction to conceive a child
  • Provide a streamlined process for the legal recognition of parents who use a surrogate,
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3 mins read

Who Has Control Over Donor Embryos After Separation?

The law states that couples have joint control over embryos that are fertilized from their sperm and eggs. This means that either spouse may prevent the other from using the embryos (fertilized eggs).

In the recent decision of S.H. v. D.H. ONSC 2008, the Ontario Superior Court of Justice considered the issue of who has the right to make decisions in relation to donor eggs that were fertilized using donor sperm (i.e. neither spouse had a genetic connection to the embryo).

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4 mins read

The difference between a marriage and a common-law union

A marriage is a formal and legally recognized union of two people who are in an intimate relationship. This union establishes the rights and obligations between the individuals. On the other hand, a common-law relationship is one in which two people live together in a conjugal relationship for a period of time without formalizing the union.

In Canada, common-law relationships legally fall under provincial jurisdiction. That is why the definition of a common-law relationship differs from province to province.

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7 mins read

Do You Need a Divorce Lawyer?

Going through a divorce is not easy. Among the many things that you need to consider, you may be wondering if you must hire a divorce lawyer. While you are not required by law to have a divorce lawyer in order to file for a divorce, depending on your situation, you may need one to ensure the process runs smoothly.

Here are some cases in which you should definitely hire a divorce lawyer:

A divorce lawyer makes the process easier

In many cases,

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6 mins read

Putting Children First: Proposed Changes to the Divorce Act

In May 2018 the Canadian Justice Minister, Jody Wilson-Raybould tabled Bill C-78, which seeks to vary the Federal Divorce Act with the aim of putting the best interests of the children first. The Divorce Act is the governing legislation for parties ending their marriage and has not had any significant changes since it was drafted in 1985. Over the past 20 years the family law bar has seen a shift in parenting roles and it is important that the legislation adapt to reflect this.

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7 mins read

Imputing Income to the Intentionally Unemployed or Under-employed

Separating spouses and parents and family lawyers often encounter situations where a parent or spouse alleges that the other party has “quit” their job to avoid child and/or spousal support obligations, or where the other party is working in a position that pays less than they ought to be making. In some cases, spouses may be earning income from undisclosed and untraceable sources.

Under s. 19 of the Child Support Guidelines,

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2 mins read

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