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 [...]

In the case Symmons v. Symmons, the Ontario Court of Appeal decided an appeal from the wife who appealed an order requiring her to pay her husband an equalization payment of $117,514.00 and costs of $25,000.00. The Court in the end dismissed her appeal. Background & Trial Court The parties cohabitated for 5 ½ years [...]

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 [...]

In this case the Ontario Superior Court had to determine whether or not to set aside a separation agreement.  The facts of this case created a situation where virtually every requirement to create a valid separation agreement was breached by the respondent husband. Background The couple was married in Indian in 1991, and moved to [...]

This case dealt with the division of property on martial breakdown. When couples separate there is no tangible division of the property, but there is a calculation used to determine the net asset value of each person during the marriage. A financial snapshot is taken of the value of the assets owned by each spouse [...]

The key issue that needed to be resolved by Justice Ducharme in the case of Cartier v. Cartier, was whether a spouse who receives a gift from a third party during his or her marriage and then transfers the said gift into the joint names of both spouses, is entitled to exclude one-half the value [...]

This case is fresh from the Ontario Court of Appeal and has caught the attention of legal professionals and the public alike. The main issue is whether a market-driven post-valuation date change in the value of a spouse’s assets may be taken into account in determining whether an equalization of family property is unconscionable under [...]

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 [...]

Most family law practitioners would probably agree that entitlement to spousal support is one of the most fluid areas in family law, and therefore, one of the most problematic. In stark contrast to the area of equalization and property sharing where technical rules are rigidly applied and adhered to, the area of law dealing with [...]

Marriage contracts are a device by which parties can opt out of most or part of the Family Law Act. However, for a marriage contract to override the legislative scheme, the parties must have a clear understanding of their legal rights and obligations. LeVan v. LeVan is a decision from the Ontario Court of Appeal [...]