Earlier this month, the Ontario Superior Court of Justice released a ground breaking decision regarding the interpretation of the Civil Marriage Act. The new, ever so inclusive definition of ‘marriage’ makes clear that in Canada, we place importance on offering same-sex couples that remarkable thing called, a choice. The status of same-sex marriage is unfortunately [...]

The parties in this case were married on June 8, 1996 and separated after approximately 11 years of marriage on March 30, 2007. At the end of June 2007, the Respondent moved out of the jointly owned matrimonial home, granting the Applicant de facto exclusive possession of the matrimonial home which she was living in [...]

This is a case about the proper jurisdiction in which to bring an application for divorce and corollary issues. In Cheng v. Liu, the wife is a citizen of China and the husband is a naturalized Canadian who moved to Canada from China in 2002.  The parties first met on an internet site in 2006 [...]

This is an interesting case heard b Justice Spies in the Ontario Superior Court of Justice. Three parties, namely, Mr. Martinez, his ex spouse, Ms. Rodriguez and his new spouse Ms. Basail brought this motion seeking an order that a divorce granted in Cuba should be recognized as a valid divorce in Ontario. The parties, [...]

The Supreme Court warned that due to how emotionally charged matrimonial matters are, special care must be taken to ensure that negotiations between spouses are fair and free from “information and psychological exploitation.”

Every family law practitioner must read this case. In fact, it might be a wise idea for every spouse who is entering into a separation agreement to understand the message of this case. The applicant wife and respondent husband were married in 1988 and separated in 2004. Until recently the wife worked as a television [...]

Very rarely do we see in family law, cases released by judges that are in substance specifically related to the topic of adultery. This is because in family law, courts consider it improper to allow the mere allegation of adultery to affect their decision of a support award or claim for equalization. Courts are much [...]