Section 7 Expenses and Post-Secondary Expenses

Penn v Penn, 2014 ONSC 6321 This case addresses the issue of section 7 expenses and post-secondary expenses. Background The parties were married on July 27, 1984, and separated on…

Limitation Period for an Equalization Claim: Campbell v. Nicol, 2016 ONSC 4879

In this case, the Applicant Husband brought a motion for an order pursuant to section 2(8) of the Family Law Act (FLA), extending time to bring an application for an equalization payment pursuant to section 7(3) of the FLA. The Respondent Wife opposed the motion on the basis that the Husband was not able to satisfy the grounds in section 2(8) and that he failed to file a claim for equitable relief within two years as required under the Limitations Act.

The Dangers of Unequal Bargaining Power: Butler v Butler, 2015 ONSC 6796

The parties, Mr. and Ms. Butler began living together in 1979. They were married in 1982 and raised two children (both adults now). The couple jointly owned their home. Throughout their relationship and after, Mr. Butler worked on the automotive assembly line at Honda Canada. Ms. Butler assumed the role of a traditional stay-at-home mother; she maintained the home, cared for and raised the children, and had no substantial paid employment over the last 26 years.

Cortina v. Cortina, 2015 ONCA 750

This case addresses the following issues and considers potential basis for appealing a trial court decision with respect to each issue: In what circumstances can a court award sole custody?…