BACKGROUND The parties were in a common law relationship for seven years, which ended in 2009. They have children, aged 8 and 5. Pursuant to a consent order made in August 2010, the mother had custody of the children with reasonable access to the father on reasonable notice. The order further stipulated that the father [...]

BACKGROUND The Applicant husband was 56 years old and working for the Ministry of Transportation, where he earned approximately $100,000 per year. He resigned from this position and began collecting a pension in March 2012, attributing his decision to retire to his poor health. Thereafter, he sought an order varying a divorce order which provided [...]

The Spousal Support Guidelines are a non-binding tool used by courts to determine the amount and duration of support, with reference to factors such as the length of the marriage/cohabitation, age, and the income of the respective parties. Aujla v. Singh is a great example of a case where the facts do not lend themselves [...]

The parties in Osanlo v. Onghaei were married in Iran in 1999 and had two children. They successfully applied for landed immigrant status in Canada and moved to Richmond Hill in 2008. In 2011, the parties, with their children, returned to Iran to celebrate the Iranian New Year on March 20. While in Iran, all [...]

This case is an appeal from an order requiring a husband to reinstate his life insurance policy and to designate his wife as a beneficiary thereof. BACKGROUND The parties were married in 1982 and separated between 2001 and 2002. There are five children of the marriage, two of whom are considered special needs and who [...]

This case considers the interesting question of whether an Ontario court has the jurisdiction to order a South African family law litigant to deposit his passport with the court as security for his support obligations. BACKGROUND The parties met in Taiwan in 2003 and began cohabiting that year. The Respondent was originally from British Columbia [...]

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 [...]

Christine McCain, ex-wife of Maple Leaf Foods CEO Michael McCain, has won a whopping $175,000. per month in interim spousal support after Madame Justice Susan Greer threw out the spousal support section of the couples’ “unconscionable” marriage contract. This is a record amount for a Canadian interim support order. She was also granted $2 million [...]

Recipients of child support ought to be aware of the risks associated with support calculated using an imputed income, particularly where arrears have accrued.  Pursuant to Court of Appeal decision, Trembley v. Daley, imputing income to the payor, may not afford recipients the closure and finality that they may believe. Background The parties commenced living [...]

This case involves a motion to change support based on the father’s termination from his employment as a result of two DUI convictions. BACKGROUND The parties were married in 1995 and separated in 2005. They had two children of the marriage, aged 15 and 17. Upon separation, the parties entered into a Separation Agreement which [...]