Canada: Family Law

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
Understanding Case Conferences In Ontario Family Law
Case conferences in Ontario family law serve as informal court appearances designed to identify issues, explore settlement opportunities, and provide parties with early judicial feedback before proceeding to contested motions or trial. These conferences offer a strategic opportunity to narrow disputes, reduce legal costs, and potentially resolve matters through candid discussion in a less adversarial setting than formal court proceedings.
Canada Family
LL
Lerners LLP
Article
When Guardianship Isn’t The Answer: Upholding Autonomy For Persons With Diminished Capacity
The Ontario Superior Court of Justice examined whether a woman with diminished capacity required a court-appointed guardian to manage her substantial property holdings, or if less restrictive alternatives could protect her interests while preserving her autonomy. The case centered on balancing the state's duty to protect vulnerable persons against an individual's fundamental right to self-determination when making decisions about tens of millions of dollars in assets.
Canada Family
MT
McCarthy Tétrault LLP
Article
Riddle v. Ivari: SCC Rules On The Annulment Of A Declaration Of Death In Life Insurance Claims
The Supreme Court of Canada has clarified critical procedural rules surrounding declaratory judgments of death, addressing what constitutes sufficient evidence to annul such declarations and establishing when service requirements may be relaxed. This case examines the balance between procedural fairness and practical realities when a person declared legally dead is later proven to be alive.
Canada Insurance
BL
Borden Ladner Gervais LLP
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