September 17, 2024

An Overview of the Equalization Election

September 17, 2024 at 12:00PM (ET) on ZOOM

An Overview of the Equalization Election

September 17, 2024
at 12:00PM (ET) on ZOOM
This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
An Overview of the Equalization Election

Overview

Maintaining a reminder system about the upcoming limitation periods in the Family Law Act is crucial for estate lawyers to avoid breaching the application limitation period to apply for equalization. This CPD will discuss best practices for maintaining a reminder system so that lawyers can avoid seeking an extension to elect under the Family Law Act, or at least seek an extension before the limitation period has already passed.

Topics include:

  • An overview of the model of equalization of net family property provided under the Family Law Act in the testamentary context.
  • Limitations and Motions to Extend Time.
  • Elections, deemed elections, and whether the Court may allow a re-election.
  • Impact on entitlement to assets passing outside the Estate by the electing spouse.
  • Planning techniques.

 

Discussion Materials

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on September 13, 2024.

Presenters

Partner, Wagner Sidlofsky LLP

Bradley Phillips

Estate Lawyer

Partner, Epstein Cole LLP

Family Law Lawyer

Partner, Epstein Cole LLP

alyssa

Family Law Lawyer

Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
BMO Private Wealth
torken
Weir Foulds LLP
Overview of the Equalization Election
Bradley Phillips

Bradley Phillips

Partner, Wagner Sidlofsky LLP

Bradley Phillips is an experienced litigation lawyer with a diverse practice history which enables him to provide a breadth of knowledge and experience to his clients. His practice includes commercial, estate and insurance litigation.

Erin Betts

Partner, Epstein Cole LLP

Erin Betts is a partner at Epstein Cole LLP, where she specializes in family law matters.

She is a panel member of the Office of the Children’s Lawyer in Ontario, representing children in custody and access disputes as well as child protection matters.

Erin is a dispute resolution officer with the Superior Court of Justice in Toronto and a contributor to continuing legal education programs throughout Ontario. She holds an Honours Bachelor of Arts degree from the University of Waterloo and a Bachelor of Laws from the University of Windsor.

Erin is a public member of the Council of the College of Dental Hygienists of Ontario, where she sits on various committees and is a former Chair of the discipline committee.

She is a member of the Law Society of Ontario, the Family Law Section of the Ontario Bar Association, the Association of Family and Conciliation Courts – Ontario Chapter, and the Advocates’ Society.

Alyssa Weinerman

Partner, Epstein Cole LLP

Known for her ability to hone in on the small but critical details without losing sight of the big picture, Alyssa takes a strategic and considered approach to resolving her clients’ family law issues. She applies a high degree of focus, organization, and integrity to ensure all parties remain on the most efficient path toward a results-oriented outcome.

Alyssa is a partner at Epstein Cole. Her family law practice involves a broad range of issues including parenting and financial matters. She regularly advises clients on child support, spousal support, property issues, separation agreements, cohabitation arrangements, and marriage contracts. With a background in business, she brings additional insight to sophisticated corporate, trust, tax, business, and investment structures as they relate to family law.

She represents clients through negotiation, litigation, mediation, and arbitration. She regularly appears in the Ontario Superior Court of Justice and the Ontario Court of Justice.

Alyssa handles each case with empathy for the financial and emotional consequences her clients face, with a focus on protecting the family’s best interests and well-being. She is honest and direct with her clients. You will find Alyssa to be responsive, passionate, and professional at all times – no question, concern, or issue is too small to warrant her full attention.