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…

Breakthrough in Child Support Legislation: Coates v. Watson, 2017 ONCJ 454

This case is a monumental breakthrough in family law legislation. A mother challenged the constitutionality of child support provisions. The issue before the Court was whether section 31 of the Family Law Act (FLA) discriminated against adult disabled children of unmarried parents on the basis of parental marital status and disability, violating section 15 of the Canadian Charter of Rights and Freedoms.

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.