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 [...]

In the case, Jeffery v. Ontario (Director, Family Responsibility Office), the Ontario Superior Court of Justice emphasized that the Family Responsibility Office (“FRO”) has a right to enforce payments.  This case illustrates the importance of making sure there are no outstanding payments to the FRO regardless of an agreement or Order between spouses releasing further [...]

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 [...]

The case of Gagne v Gagne stands as a reminder about what can happen when a party hides income or is less than forthcoming with their financial disclosure. The trial judgment, which was appealed to the Ontario Court of Appeal by the Appellant Father, suffered from a number of legal and practical errors.  Instead of [...]