In the matter of Peel v. Peel, the Ontario Superior Court of Justice analyzed the issue of changing  spousal and child support terms included in a duly executed Separation Agreement. This case is a good example of the implications associated with resolving marital issues by way of an Agreement, or court order.   Background In [...]

This case illustrates the importance of formalizing a Separation with a Separation Agreement or a Court Order. The Court of Appeal dealt with a pure question of law this week by asking: Who receives the pension death benefit when the member of a pension plan entitled to a deferred pension dies and is survived by [...]

In May of this year, the Ontario Court of Appeal strengthened the authority and importance of arbitration clauses in valid separation agreements, by ruling that it will not vary spousal support in situations where the agreement explicitly provides a clause for doing so through arbitration. Background The parties separated and attended mediation where they entered [...]

Following their separation, the parties entered into and executed a comprehensive Separation Agreement on October 3, 1995.  Pursuant to said Agreement, the Applicant was required to pay child support for the parties’ two sons until the children attained 18 years of age and were no longer in full-time attendance at an educational institution. When the [...]

In this case the Ontario Superior Court had to determine whether or not to set aside a separation agreement.  The facts of this case created a situation where virtually every requirement to create a valid separation agreement was breached by the respondent husband. Background The couple was married in Indian in 1991, and moved to [...]

Bruni v. Bruni, 2010 CarswellOnt 8992, 2010 ONSC 6568 As noted by the Court, this case is a prime example of the acrimonious side of divorce. The parties in this case were married for 11 years and have two children together. The parties initially signed a Separation Agreement in 2007, however, neither party really followed [...]

Taber v. Taber, 2010 CarswellOnt 3760, 2010 ONCJ 81 The facts of the Case This case was a Motion brought by the Husband in the matter to vary the spousal support arrangements in place under a Separation Agreement signed by the parties in October 2003.  Based on the terms of the agreement the Husband was [...]

This case deals with Section 46 of the Arbitration Act. The parties entered into a Separation Agreement that included a clause regarding dispute resolution. The parties agreed to resolve all issues that arise from the Separation Agreement through Mediation/Arbitration. Both parties were provided independent legal advice regarding the Separation Agreement. Prior to the family arbitration [...]

The parties in this case were married on October 25, 1986 and subsequently separated in August 1991. There was one child resulting from the marriage, who was born on July 22, 1988. A Separation Agreement was executed by the parties on December 21, 1992. The Agreement required the father to pay child support for his [...]

This decision from the Ontario Court of Appeal deals with the issue of life insurance clauses in Separation Agreements. Most often, life insurance provisions are inserted into Separation Agreements in order to secure child and spousal support obligations. Since a life insurance provision may be used as security for support in a number of different [...]