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What is an offer to purchase or an agreement of purchase and sale?

An offer to purchase is also commonly referred to as an agreement of purchase and sale. An offer to purchase (or agreement of purchase and sale) outlines the terms upon which the buyer agrees to purchase the property from the seller. It takes the form of a written legal contract between two parties, being the buyer and the seller. Usually, an offer to purchase is a legal document drafted by a lawyer and witnessed by a third party. That means that the contract is legally binding, and that the purchase is subject to the terms outlined in the offer to purchase. In addition, it often outlines the price upon which the buyer will buy the property from the seller. An offer to purchase can come in one of two forms. It can be firm, or conditional. A firm offer contains no conditions. The agreement is straightforward and clear cut. It outlines that the sale will take place and the way in which the sale will proceed. This type of offer does not outline specific conditions that need to be met in order to go ahead with the sale. A conditional offer is another type of offer to purchase. This type of...

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Relocation – Part II

Burden of Proof: The burden of proof is the legal standard to determine if relocation is in the child’s best interests. Depending on the circumstances, the burden of proof lies with differing parties: 1. Child is with either parent on an equal basis (with each parent at least 40-50% of the time) Section 16.93(1) of the Divorce Act outlines that if the parties have equal parenting time pursuant to an order, arbitral award, or agreement, the person who wants to relocate has the burden of proof showing that the move would be in the best interests of the child. 2. Child is with one parent the majority of the time If the relocating parent spends most of the time with the child, then relocation can occur, unless the other parent objects to the relocation. In this case, the person who objects to the relocation has the burden of proof to show that the move is in the best interests of the child. 3. Cases not listed above (ex: relocation is interim, order is interim, there is no agreement) In these other cases, parents each have the burden to show whether relocating is in the best interest of the child. The...

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Relocation – Part I

The rules to relocate changed in March, 2021. Statute and Stage of Case: When approaching relocation, one should consider which legislation (or set of laws) apply. The Divorce Act or the Children's Law Act may apply. This depends on whether the parties were married. Parties should also consider the stage of the matter: Is the move requested interim/temporary. This relief is not often awarded by the courts as it would likely dispose of the issue; Does the relocation relate to an initial application? Or, is this a variation proceeding? Giving Notice: According to Section 16.9 of the Divorce Act, when a spouse wishes to relocate with the child(ren) or without, they must give written notice at least 60 days before the relocation. The notice of proposed relocation is the initial step for relocation to occur. Individuals must give this notice in the prescribed form to all individuals that have a contact order (ex: grandparents), parenting time, or decision-making responsibility for the child. The notice must have specified information, including: The date the relocation will occur; Contact information and the address of the new place of residence; and, A proposal to individuals that have a contact order, parenting time, or decision-making responsibility...

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Why should I retain a Toronto divorce lawyer?

There are many reasons as to why you ought to hire a Toronto divorce lawyer. Some of these reasons are as follows: 1. Your family lawyer will approach your matter with all of his or her legal knowledge and skills to present you with viable strategies in your family law case. Lawyers are trained professionals and family lawyers, who specialize in family law and divorce law, are armed with knowledge in this area. This knowledge is absolutely essential when dealing with issues surrounding divorce (ex: custody, access, child support, spousal support, and equalization of net family property). Given this specialized knowledge, family lawyers are able to provide you with reasonable options in your case. 2. Your lawyer will approach your divorce case in a dispassionate manner. Divorce is a very emotional time for the people who are involved. Given this, it is important to have a lawyer represent you so that he or she may provide a reasoned, dispassionate perspective on your case. 3. A lawyer will assist you in navigating through complex paperwork, especially where court is involved. A divorce case often involves complicated materials. It can be overwhelming for you to attempt to navigate these documents. Your lawyer should...

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What is a motion in Ontario?

A motion in family law is a procedural device that enables either party to bring an issue before a court for decision. In other words, when a party makes a request during a court case and before trial, asking the court for a decision or a ruling, that request being submitted to the court requires the requesting party to bring a motion. Both parties reserve the right to bring a motion to the courts at any time following the completion of the initial case conference. In situations of urgency or situations involving extenuating circumstances, a judge may make the decision to listen to a motion before the parties attend a case conference. The parties in a motion are referred to as the moving party and the responding party. The moving party is the person who is bringing the motion. The responding party is the individual receiving the motion, and responding to the demands of the moving party. The motion begins when the moving party serves the opposing party with a notice of motion. Upon receiving notice that the motion has been filed, the responding party is able to come up with their own position on the matter and evidence to support their position. The...

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I have been served with an application in my family law case. What do I do now?

Once you have been served with an application, if you intend to do so, it is crucial that you retain a lawyer immediately or if you have already retained a lawyer, it is important to provide the application to your lawyer as soon as possible. If you intend to represent yourself in your matter, it is important that you comply with the deadlines as outlined in the Family Law Rules. Once you have been served with an application, there are time deadlines that must be adhered to. An application in a family law case initiates a court case and sets out the grounds that the person starting the case is relying upon and the orders that they would like the court to make. The way to respond to an application is dependent on whether or not you agree with the claims being made in the application that has been served. If you disagree with the claims being made in the application, and the application was served within Canada, there a 30-day window to reply to these claims. In the event that a legal application is served outside of Canada or the United States, the individual is allotted 60 days to...

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