The Impact of COVID-19 / Coronavirus on Family Law

Gilbertson Davis LLPAlternative Dispute Resolution (ADR), Child Support, Coronavirus, COVID-19, Custody and Access, Divorce, Family Law, Interjurisdictional Disputes, Mobility Issues, Separation, Separation Agreements, Spousal Support0 Comments

The current COVID-19 pandemic has dominated our working and private lives. It is not surprising that the pandemic has greatly impacted all areas of family law and has created unprecedented challenges for separated parents. Self-isolation and social distancing orders have presented a host of challenges for parents dealing with access and parenting arrangements. Many parents have lost jobs or suffered other economic losses during the pandemic which has left them unable to fulfill their current support obligations. An increase in domestic violence has been another unfortunate result of the pandemic, which may increase the need for restraining orders and peace bonds. While the Ontario Superior Court of Justice and the Ontario Court of Justice have suspended regular operations, they continue to hear urgent family law matters. The closure of the courts highlights the need for cooperation between parents and their counsel during these times. At Gilbertson Davis LLP, we have … Read More

Ontario Allows Virtual Witnessing of Wills and Powers of Attorney During COVID-19 Pandemic

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Coronavirus, COVID-19, Trust Litigation, Trusts and Trust Law, Wills and Estates0 Comments

Since April 7, 2020, the Ontario government has permitted the virtual witnessing of Wills and Powers of Attorney pursuant to an Emergency Order made under the Emergency Management and Civil Protection Act. In Ontario, a valid Will or Power of Attorney must be signed in the presence of two witnesses under the Succession Law Reform Act and the Substitute Decisions Act, 1992, respectively.  (Note – holograph wills that are wholly handwritten by the testator and signed by the testator are exempt from the statutory witness requirement).  Wills and Estates lawyers were experiencing difficulties complying with the statutory witness requirements due to physical distancing rules and the increased risk from COVID-19 to the elderly and persons with certain medical conditions.  Accordingly, the Emergency Order was welcome relief to Wills and Estates lawyers and their clients. Under the Emergency Order, a Will or Power of Attorney can be signed in the presence … Read More