Under what circumstances, if any, does a spouse “own” on the date of marriage an entitlement to a severance payment that he or she later receives? BACKGROUND The parties were married in 1998 and separated in 2007. Prior to separation, the husband was terminated from his employment and was paid 18 months’ salary in lieu [...]

In the case Hazelwood v. Hazelwood, the mother appealed to the Superior Court of Justice from an order made in the Ontario Court of Justice where she was ordered to return the children of the marriage to Timmins, Ontario, or else turn them over to the care of their father. Background The parties married in [...]

This case involves an appeal by a father of an order granting the mother custody of the parties’ children. On appeal, the father claimed that the trial judge should have considered whether it was in the best interests of the children to order homogenous French language education for the children as a condition of awarding [...]

This case involves an appeal by parents of a child that was made a Crown ward. BACKGROUND In March 2007, the child in this case was referred to the Suspected Child Abuse and Neglect Unit of the Hospital for Sick Children due to concern that she might be suffering from rickets. The Children’s Aid Society [...]

Recipients of child support ought to be aware of the risks associated with support calculated using an imputed income, particularly where arrears have accrued.  Pursuant to Court of Appeal decision, Trembley v. Daley, imputing income to the payor, may not afford recipients the closure and finality that they may believe. Background The parties commenced living [...]

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 [...]

This case illustrates the importance of formalizing a Separation with a Separation Agreement or a Court Order. The Court of Appeal dealt with a pure question of law this week by asking: Who receives the pension death benefit when the member of a pension plan entitled to a deferred pension dies and is survived by [...]

BACKGROUND In 1993, the respondent’s mother, Linda Spencer, purchased the property in question and executed a Trust Agreement establishing a family realty trust. The Agreement named Linda Spencer as the trustee and stated that she bought the property in trust for the benefit of herself and her four children. Notably, the Agreement also provided that [...]

This case involves an appeal arising out of competing child support orders made in Canada and France. BACKGROUND The parties separated shortly after the birth of their child, having previously lived together for a brief time. They resolved all issues via Minutes of Settlement, which awarded sole custody of the child to his mother. The [...]

This case explores the issue of unconscionability from a unique angle – where, at the insistence of her husband, a wife uses her inheritance to pay down a joint debt and the husband leaves the marriage shortly thereafter – should net family property be divided equally? BACKGROUND The parties were married for 11 years and [...]