Motion for Summary Judgement When Setting Aside a Separation Agreement

Shinder v. Shinder, 2017 ONSC 4177
This case sets out the standard that ought to be met in order to determine whether to deny the setting aside of a separation agreement on summary motion.
Read More

Cheaters Never Prosper: Why Deception in Disclosure Can Cost You

Virc v. Blair, 2017 ONCA 394
This case serves to expand upon the standard of disclosure required in a separation agreement for it to withstand s. 56(4)(a) of the Family Law Act.
Read More

Time after Time: Extending the Limitation Period for Equalization

Paulsen v Paulsen 2017 ONSC 2937
This case highlights the test for an extension of the limitation period for equalization, as well as the test to determine valuation date.
Read More

Breakthrough in Child Support Legislation: Coates v. Watson, 2017 ONCJ 454

This case is a monumental breakthrough in family law legislation. A mother challenged the constitutionality of child support provisions. The issue before the Court was whether section 31 of the Family Law Act (FLA) discriminated against adult disabled children of unmarried parents on the basis of parental marital status and disability, violating section 15 of the Canadian Charter of Rights and Freedoms.
Read More

The Buck Stops Here: How Retirement Impacts Spousal Support

Schulstad v Schulstad, 2017 ONCA 95

This case demonstrates how courts determine spousal support obligations in light of retirement. Ultimately, the appeal judge significantly reduced a doctor’s spousal support obligations to reflect his upcoming retirement.
Read More

Emancipation and Financial Obligation

This case raises the question; in what circumstances do parents have an obligation to support children who have completely withdrawn from their care? Justice Marvin Kurz was tasked with determining whether a 17-year-old girl’s father should financially support her academic pursuits at an American university after she was emancipated.
Read More