May 7, 2024

Litigating Separation under Section 43.1 of the Succession Law Reform Act

May 7, 2024 at 12:00PM (ET) on ZOOM

Litigating Separation under Section 43.1 of the Succession Law Reform Act

May 7, 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.
Litigating Separation under Section 43.1 of the Succession Law Reform Act

Overview

The recent amendments to the Succession Law Reform Act eliminates the intestate rights of married spouses after separation, or through a domestic agreement, or where a court decision or arbitral award so provides. The most problematic aspect is the finding that the parties were separated which implicates certain special needs, cultural differences, and socioeconomic considerations which may impact the specific living arrangements of spouses. This seminar will provide examples of those different circumstances to help lawyers ask their clients the necessary questions to support or oppose a claim that the spouses were cohabitating prior to death.

Topics include:

  • The changes to the Succession Law Reform Act to oust the intestate rights of separated spouses
  • The jurisprudence on “spousal” status under both the Family Law Act and the Succession Law Reform Act
  • Older adults and capacity to separate.
  • Older adults, assisted living, and involuntary separation.
 

Discussion Materials

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on April 30, 2024.

Presenters

Partner, Wagner Sidlofsky LLP

adam wygodny - toronto litigation lawyer

Estate Lawyer

Partner, Wagner Sidlofsky LLP

Peter Neufeld

Estate Lawyer

Partner, Epstein Cole LLP

Sarah Strathopolous - Toronto family law lawyer

Family Law Lawyer

Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
BMO Private Wealth
torken
Weir Foulds LLP
Litigating Separation under Section 43.1 of the Succession Law Reform Act
adam wygodny - toronto litigation lawyer

Adam J. Wygodny

Partner, Wagner Sidlofsky LLP

Adam has appeared at all levels of court in Ontario and regulatory tribunals on a variety of matters including corporate and securities litigation, real estate and construction litigation, bankruptcy and insolvency litigation, competition and consumer protection litigation, business torts, commercial tenancies litigation, professional negligence and quasi-criminal proceedings.  

Peter Neufeld

Peter Neufeld

Partner, Wagner Sidlofsky LLP

Peter is a partner at Wagner Sidlofsky LLP. Prior to joining the firm, Peter spent the first years of his litigation career representing class members in class actions regarding alleged breaches of the Securities Act and Competition Act. He has also been involved in files dealing with oppression remedies, derivative actions, and breach of contract disputes.

Sarah Strathopolous

Partner, Epstein Cole LLP

Sarah is a Partner at Epstein Cole LLP. Since her call to the Bar in 2013, Sarah has practiced exclusively family law. Her practice covers all areas of family law, through both the alternative dispute resolution (mediation and arbitration) and litigation processes. Sarah has confidently acted as counsel in matters before all levels of court in Ontario, including the Court of Appeal for Ontario, as well as interprovincial matters. Sarah completed the Screening for Power Imbalances Including Intimate Partner Violence training and the Certificate program in Family Mediation from York University School of Continuing Studies. For select files, Sarah acts as parenting coordinator, mediator, or arbitrator to help families resolve disputes in a cost-effective and thoughtful way. Sarah is actively involved in the legal community, sitting on the Ontario Bar Association Family Law Executive since 2020 (including as Secretary for the 2020/2021 and 2022/2023 terms). Sarah has also co-authored various papers for various professional development programs and has been published in the Canadian Family Law Quarterly, and has chaired such programs offered by the OBA. Sarah is committed to advancing access to justice and acts as a Pro Bono Lawyer Supervisor with the Family Justice Centre (an initiative with Legal Aid Ontario, Pro Bono Students Canada and Epstein Cole LLP) and a Volunteer Lawyer for Luke’s Place Virtual Legal Clinic. Sarah was the 2022 inaugural recipient of The Patrick D. Schmidt Future of Family Law Award (The Advocates’ Society) and has been recognized by her peers, including as part of the 2024 Best Lawyers Ones to Watch.