BACKGROUND The parties were married on September 29, 1990 and separated on May 15, 2009. There were two children of the marriage, aged 12 and 19. In August 2009, the wife commenced an Application. In September 2010, the parties consented to an order referring all issues to mediation/arbitration. The Mediation/Arbitration Agreement signed by the parties [...]

The parties were married in 2007 and separated in 2009. The separation came after a domestic incident in which the father was found guilty of assault on the mother. There was one child of the marriage, Ellie, who was born in 2008. After attending several motions, the parties signed a settlement agreement which contained mediation/arbitration [...]

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 [...]

In the matter of Thibodeau v. Thibodeau the parties were involved in lengthy litigation which ultimately ended with the parties taking part in arbitration.  In arbitration, the wife was awarded a lump sum amount for spousal support arrears, equalization payment and costs by arbitration.  The arbitration award specifically provided that the matrimonial home was to [...]

This is a truly unique judgment handed down by the Ontario Superior Court of Justice. We have commented about this matter before as the parties have been disputing about custody, access and their respective financial obligations arising from their separation for over a decade now.  During the course of this litigation, we see the court [...]

In the case of Wright v. Wright, the wife ended her marriage of 27 years with husband after becoming emotionally involved with an employee of the company for which both parties were shareholders. The parties attempted to resolve the issues arising from their separation through the collaborative family law process. Throughout the collaborative process, the [...]

The following case deals with the issue of the validity of a Memorandum of Agreement determining the division of property, equalization payment, support (both child and spousal) etc. stemming from the breakdown of the marriage of the parties. Mr. Ward contends that the agreement is valid and enforceable whereas Ms. Ward states that it is [...]

The following case involves a husband’s attempt to vary, terminate or reduce his spousal support obligation as a result of his former wife’s cohabitation with another man and subsequent remarriage. Mr. and Ms. Slater were married in 1970, separated in 1993 and officially divorced in 1999. The same year that the divorce was granted Ms. [...]

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 [...]

In this case, the husband and wife voluntarily attended arbitration regarding their matrimonial matter. The wife was granted a lump sum for spousal support arrears, and an equalization payment. However, subsequent to the arbitration award, the husband went bankrupt. The most contested issue within this matter was whether the wife could claim priority over other [...]