Hart Legal has been in business for over 25 years. Our Newmarket lawyers work primarily in family law. We also have lawyers that practice in business law, real estate law and personal injury claims.
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Newmarket is a town in the municipality of York in the Canadian province of Ontario. It is part of Greater Toronto in the Golden Horseshoe region of Southern Ontario.
Our Newmarket lawyers can be found at 16775 Yonge St Unit 14, Newmarket, ON L3Y 8J4
Our lawyers can also meet you at four other offices near by:
- Downtown Toronto
Our Newmarket lawyers enjoy writing about topics that divorcees need to know about. September is coming up soon, what do you need to know?
September will soon be upon us and children are going back to school, or, if they have graduated from high school, may be starting at college or university, which can raise questions for separated parents, such as “Does my ex-spouse have to contribute to my 19 year olds university tuition?”
The answer is not necessarily, as confirmed by the recent case of O. v. O., 2013 BCSC 1609. In this decision, Mr. O was making an application to cancel child support payable by him for the parties’ 19 year old twins. Ms. L took the position that Mr. O should continue paying child support, as well as contribute to the twins’ tuition as an extraordinary expense.
Parents have obligations under Family Law
Parents have an obligation to support their children provided that they are a “child of the marriage”. The principles of law that relate to ongoing child support for adult children are set out in the case of Farden v. Farden,  B.C.J. No. 1315 (S.C.).
The test for whether or not attendance in a post-secondary program will allow a finding that the child is still a “child of the marriage” requires “an examination of all of the circumstances”, which includes the following factors:
(1) whether the child is enrolled in a course of studies and whether it is full-time or part-time;
(2) whether or not the child has applied for or is eligible for student loans or other financial assistance;
(3) the career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
(4) the ability of the child to contribute to his or her own support through part-time employment;
(5) the age of the child;
(6) the child’s past academic performance, whether the child is demonstrating success in the chosen course of studies;
(7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation;
(8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
Does this sound complicated? Then trust our Newmarket lawyers to help you with your family law issue. 1 844-618-8080
The facts of the case are rather interesting. After a year in business school, T failed four courses and did not receive a grade for three courses out of the ten courses she had registered for. I failed five courses, did not receive a mark for one course, and received a C+, C and B+ in her other courses.
Ms. L’s position was that it was because of the twins having to work part-time jobs that contributed to their poor marks; however, the Court found that the pursuit of university degrees for the twins, while a commendable goal, was not a reasonable plan given the circumstances.
The twins had each already incurred over $20,000 in debt as a result of their choice to spend their first year studying away from home at a business management school in Kelowna, though they were eligible for further student loans.
There was no evidence that the parents had discussed the twins’ education plan prior to separation, and there were no college funds, RESPs or anything else to suggest they had contemplated a university education for their children.
Further, Mr. O’s income had been reduced significantly, and the twins had unilaterally terminated contact with him, while there was evidence that he continued attempts to initiate contact in a thoughtful manner to discuss their future plans.
Ultimately, Madam Justice Kloegman declared I and T to be no longer children of the marriage, and responsible for their own education.
This case illustrates the importance of discussing future plans with your children and your partner. If it is expected or anticipated that your child will go into a post-secondary program, then you and your partner can plan for it and put money aside, or discuss other potential financing options, including scholarships and bursaries, student loans or the child working during the summer and part-time.
These discussions are important, both for the child and the parents, in planning for the future.
Our Newmarket lawyers also do personal injury law! Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our injury lawyers.
If you have been injured in a slip and fall accident, you can be entitled to compensation for your injuries so long as you take legal action within the applicable time limits. If you do not commence legal action within the prescribed time limit, you will lose the right to claim compensation from the person or entity responsible for your injuries.
Generally, if you have slipped and fallen on commercial property such as at a restaurant, department store, or theme park, or if you have fallen on private property such as a person’s home or driveway, you have two years from the date of the accident to bring an action for compensation for your injuries.
However, if you have slipped and fallen on municipal property such as on a sidewalk, public street, or public parking lot, there is a notice requirements that may prevent you from your entitlement to bring an action against the municipality if you do not act quickly.
If a municipality is responsible for your slip and fall accident, you must give written notice to the municipality within 60 days of the accident, and file a claim against the municipality within 2 years of the accident.
Cities and municipalities have a duty to the public to keep streets and sidewalks properly cleared, to keep public washrooms clean and properly lit, and to keep public parks free from hazards or obstacles.
If the municipality has failed to uphold its duty to keep public property safe, and you have been injured as a result, you should not lose your right to seek compensation because of an unknown notice requirement or limitation period.
If you have slipped, tripped, and fallen on public or government property, and have suffered an injury as a result, see a lawyer immediately to ensure you do not miss the deadline and your rights remain protected.