Tessema v. Hagos 2017 ONSC 2438
This case reviewed some of the themes in Miglin v. Miglin in order to determine whether a separation agreement can or ought to be set aside. Ultimately it followed the tests and analyses set out therein.
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.
Eustace v Eustace, 2016 ONSC 8191
It is not common that we see costs awarded against the Office of the Children’s Lawyer (OCL). In this case, Emery J. finds that the OCL weighed too heavily in favour of the mother’s position, which ultimately prolonged the trial.
This case demonstrates how courts determine spousal support obligations in light of retirement. Ultimately, the appeal judge significantly reduced a doctor’s spousal support obligations to reflect his upcoming retirement.
This case raises the question; in what circumstances do parents have an obligation to support children who have completely withdrawn from their care? Justice Marvin Kurz was tasked with determining whether a 17-year-old girl’s father should financially support her academic pursuits at an American university after she was emancipated.
Halliwell v. Halliwell 2017 ONCA 349: In this case, the Court of Appeal for Ontario is tasked with determining a spousal support obligation for a wealthy spouse. Ultimately, the judges conduct an individualized fact-specific analysis to reach their decision.