David Zeldin
Barrister & Solicitor


Family Law
​ 

SERVICES
Family Law is a very broad term that is used when referring to the issues arising from the breakdown of a relationship and includes the issues of custody, access, child support, spousal support, division of property, restraining orders and divorce. Family Law in Ontario includes separations for persons who are legally married and for a number of people who were not married but lived together in a relationship of permanence. There are also circumstances where a couple did not reside together but had a child. Those situations also fall within the realm of what we do as Family Law practitioners.
 
Family Law matters can take one of two forms. The parties can resolve their issues by a formal Agreement, such as a Separation Agreement or Parenting Agreement and these agreements are negotiated between the parties and his or her lawyer, without having to resort to the Courts for assistance.  The other form is that of litigation where parties seek a resolution for their issues from the Family Court. 
 
Child Protection proceedings include matters that are before the Court because the Children’s Aid Society has concern for the welfare of a child and those concerns can relate to a child’s physical well being, emotional well being and/or exposure to adult conflict. This area of law also includes matters wherein a family is working voluntarily with the Children’s Aid Society in meeting the needs of the children and in addressing concerns relating to children.    
  • Custody
  • Access
  • Child support
  • Spousal support
  • Equalization of net family property
  • Constructive Trust claims
  • Restraining Order
  • Divorce
  • Separation Agreements
  • Custody or Parenting Agreements
  • Adoptions
  • Child Protection Proceedings / CAS (Children’s Aid Society) matters


Estate Litigation
​ 

Will challenges arise when there is a disgruntled relative, friend or even a caregiver who feels that he or she did not get a proper share of the deceased’s estate. These types of cases bring up issues surrounding the making of the will, typically raising the testamentary capacity of the testator (the deceased will maker), undue influence on the testator or even fraud. There are numerous decided cases on these issues. In these types of cases it is highly recommended that you speak to a lawyer before taking any steps to bring or defend such claims.
 
Dependants’ relief cases are a special type of case where a person who was dependent on the deceased applies to the court for support – typically for a share of the estate (or a larger share than that which was bequested). This is one of the situations in which a court may interfere with the deceased’s written will. The court looks to see whether the deceased, has made adequate provision for the proper support of his dependants or any of them. The court can order that such provision as the court considers adequate be made out of the estate of the deceased for the proper support of the dependants or any of them.  There are a variety of factors that the court considers in determining the amount and duration of any such support. An interesting aspect of this type of case is that money from various “transactions effected by the deceased before his or her death” can be deemed to be assets of the estate. This includes money payable under a life insurance policy owned by the deceased, although ordinarily such funds would not be treated  as part of the estate.
 
A Power of Attorney (for property) is a document whereby an individual can give authority over property to someone else. That other person becomes an agent of the Grantor (the person who signed the document) and that agent is referred to as the “Attorney” (it can be anyone, not necessarily a lawyer). Obviously, problems can easily arise if the Attorney turns out to be mismanaging or defrauding the maker of the document. The Power of Attorney can be challenged if the maker lacked the requisite capacity (say, had dementia, was cognitively impaired or significantly developmentally delayed) when making the Power of Attorney. In addition, the document is obliged to contain certain formal requirements.  And certainly, if financial fraud, mismanagement or neglect of the maker’s needs can be demonstrated, the court will remove that attorney.  
  • Will Challenges
  • Removal of the Executor
  • Dependants’ Relief
  • Capacity Issues
  • Challenging Powers of Attorney
  

General Litigation

General litigation (or civil litigation) is a diverse area of law incorporating a number of subject matters. What all general civil litigation cases have in common, is that they involve going to Court to bring or defend a civil claim. This means that the lawyer you use should have a good grasp of the subject matter at the heart of the dispute, as well as experience in conducting a civil action.

Often people do not anticipate that they will need a lawyer. Unfortunately, things can go wrong. I have often represented persons who have been terminated by their employers with little and inadequate financial compensation.  These individuals never thought that they might have to retain and instruct a lawyer, in a court case. They were also pleasantly surprised to find out that they had rights which could be protected.

Imagine as well that an unscrupulous contractor, after doing some shoddy work on your home renovation project, abandoned the job forcing you to have to hire someone else to correct the first contractor’s work. Worse, you get a notice that the scoundrel contractor registered a lien in an inflated amount against your property. At that point, you will need an experienced lawyer who knows the law and the court’s procedures.  
  • Wrongful Dismissal
  • Breach of Contract
  • Shareholders’ Remedies
  • Debt Collection
  • Real Estate Litigation
  • Construction Litigation 

Wills & Powers of Attorney​ 

Wills
 
The preparation of a Last Will and Testament is an area of law that may appear very simply and straightforward on the surface, but if not done properly can lead to numerous and costly problems after one’s death.
Many people believe they do not need a lawyer for preparation of their Will.  Others rely upon Will Kits that are available in stores and online.  It is ALWAYS recommended that you use the services of a trained and knowledgeable lawyer for the preparation of the documents that direct the distribution of your property and estate matters following your death. Your preferences and wishes are extremely important and should be honoured.  A Will that has been prepared poorly or does not meet legal requirements, will likely result in your wishes going unfulfilled, either entirely or in part. 
 
Powers of Attorney

Generally, there are two kinds of Powers of Attorney. A Power of Attorney for property (finances) and a Power of Attorney for personal care.
A Power of Attorney is a legally valid and binding document (when prepared properly) and is enforceable in law.  The document grants authority to another person to make decisions on behalf of the individual granting the Power of Attorney.  As we get older, we may require our financial affairs to be managed by a trusted friend or relative.  Similarly, there can be a myriad of personal care decisions that need to be made for a person who has a disability. By granting a Power of Attorney for health care, the grantor (the person giving the authority) can enable someone else to make these decisions when he or she is no longer able to do so. Having these documents properly prepared and signed, while meeting all the legal requirements, may be just as important as having your Will properly drafted by an experienced lawyer.
 
Probate
​
We are often asked whether we do probate. The term probate is not actually used anymore.  While previously one would apply to the court to grant Letters Probate (with a Will) or Letters of Administration (in the absence of a Will), nowadays the Rules of our Court require that we apply for the granting of a Certificate of Estate Trustee, either with or without a Will. The decision to seek a Certificate should be made after reviewing the Estate’s affairs, with a lawyer. There may be occasions when a Certificate is not necessary.
Typically, the main reason for a lot of people to obtain the granting of the Certificate, is to free up the assets of the Estate from someone else who is holding the assets. That someone else can be an individual or a financial institution (such as a bank or investment company). A financial institution may choose to withhold release of funds to the Executors of an Estate (now called Estate Trustees) simply on reviewing the Will. The financial institution, for its protection, may require the Executors to obtain the court’s Certificate of Appointment, prior to releasing any of the Estate’s assets.  
  • Wills
  • Power of Attorney for Management of Property
  • Power of Attorney for Personal Care
  • ​Certificate of Appointment