Family and Matrimonial

The case of Bayliss v. Burnham examines a contested will of a First Nation individual with substantial assets, raising critical questions about digital signatures, ministerial oversight under the Indian Act, and the application of common law principles to Indigenous estate planning. This decision highlights the complex intersection of federal legislation, provincial law, and customary practices that govern testamentary matters for status Indians residing on reserve.

The court will look at each parent’s income to determine issues such as child support or post-secondary support. Imputed income is an estimate by the court of an individual’s income, even if they are not actually earning that amount.

When parents separate, dividing holiday time can be challenging. Each parent may want to continue family traditions, spend Thanksgiving with the children, or wake up with them on Christmas morning.