In the matter of Peel v. Peel, the Ontario Superior Court of Justice analyzed the issue of changing  spousal and child support terms included in a duly executed Separation Agreement. This case is a good example of the implications associated with resolving marital issues by way of an Agreement, or court order.   Background In [...]

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 [...]

This case involves a decision by the Ontario Superior Court of Justice to order the husband to pay costs, based on his continual delays in providing financial disclosure. BACKGROUND The parties were married for 27 years and had three adult children. The husband was a successful insurance underwriter with interests in a number of corporations. [...]

In the case, Jeffery v. Ontario (Director, Family Responsibility Office), the Ontario Superior Court of Justice emphasized that the Family Responsibility Office (“FRO”) has a right to enforce payments.  This case illustrates the importance of making sure there are no outstanding payments to the FRO regardless of an agreement or Order between spouses releasing further [...]

Generally speaking, long marriages (20 years or longer) usually result in a spousal support obligation where there is a discrepancy in income between spouses and one spouse can demonstrate some sort of need.  As a result, the recent judgment of Justice Glithero in Shand v Shand before the Ontario Superior Court of Justice is an [...]

Davies v Quantz, 2010 CarswellOnt 9748 (Ont CA) The following judgment was an appeal from the Ontario Superior Court of Justice.  The decision of Justice Marshman, which was subsequently upheld by a unanimous Court of Appeal, dealt with the duration and amount of spousal support under the with-child support formula of the Spousal Support Advisory [...]

The matter of Ireland v. Ireland was heard by the Ontario Court of Appeal on September 8, 2011.  Justice Juriansz provided his judgement on October 3, 2011.  The issue at the forefront of this appeal was the appropriateness of the Ontario Superior Court of Justice’s enforcement of a foreign custody Order. The Respondent father in [...]

In this case, Justice Mackinnon of the Ontario Superior Court of Justice was asked to decide whether or not to allow a private adoption to proceed without the consent of the biological father. In paragraph 16 of her decision, she ordered the following: 1. That notice be provided to the biological father of a return [...]

This Ontario Superior Court case focused on section 7 expenses.  The court provided a lot of useful information in surveying the relevant caselaw for this topic. Further, this case made a number of important points about what a court will take into account when calculating how much a parent should pay for section 7 expenses. [...]

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 [...]