Determination Of Income When A Payor’s Income Fluctuates

This recent decision from the Superior Court of Justice provides guidance for lawyers and future courts with respect to the determination of income when a payor’s income fluctuates. This case suggests that although many courts have chosen to average income to determine income for support purposes, material evidence which substantiates current income may be grounds to forego such averaging. This case provides a useful guide with regards to the jurisprudence in respect of income averaging.
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Imputing Income: Zigiris v. Foustanellas, 2016 CarswellOnt 18902 (Ont. S.C.J.)

In this case, Justice Shelston carefully overviews section 19 of the Federal Child Support Guidelines and notes that there is a duty on the spouse to actively seek out reasonable employment. When imputing income, the court first looks at the spouse’s capacity to earn income, which can be influenced by age, education, health, work history and availability of work that is within the scope of his or her capabilities.
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The Use of Expert Evidence in Court: Rosati v. Reggimenti 2016 ONSC 7013

In this recent Superior Court of Justice decision, the Court undertook a detailed analysis of the use of expert evidence in Court, and to what extent apparent prejudicial or biased evidence should be permitted. The importance of the expert evidence to the core of the matter at hand will have a critical role in determining whether expert evidence should be admitted.
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The Importance of Life Insurance Clauses

This case of the Ontario Superior Court of Justice signifies the importance of life insurance clauses in Separation Agreements and a lawyer’s role in implementing same. Generally, in order to be effective, a life insurance clause in a Separation Agreement must first be put in place and then actually designate one spouse as an irrevocable beneficiary. Without the aforementioned in place, there is no point in having a life insurance clause as proposed security for support.
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Conflicting Decisions Regarding Costs

This recent decision from the Superior Court of Justice clarifies the confusion for family law counsel in Ontario following the release of the conflicting decisions of the Ontario Court of Appeal in Berta v. Berta 2015 ONCA 918, and Forrester v. Dennis 2016 ONCA 214 regarding costs, and confirms the decision of Jackson v. Mayerle 2016 ONSC 1556 as the go to case for analysis of Rule 24 of the Family Law Rules.
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