April 28, 2017
In this case, the Applicant Husband brought a motion for an order pursuant to section 2(8) of the Family Law Act (FLA), extending time to bring an application for an equalization payment pursuant to section 7(3) of the FLA. The Respondent Wife opposed the motion on the basis that the Husband was not able to satisfy the grounds in section 2(8) and that he failed to file a claim for equitable relief within two years as required under the Limitations Act.
April 21, 2017
In this appeal from the Ontario Superior Court of Justice, the Ontario Court of Appeal held that structured settlement annuity payments are to be treated as income rather than property.
April 17, 2017
This recent decision by Justice Fryer of the Superior Court of Justice is a well written decision that provides a very good summary of the law of costs. However, it also serves as a caution to family law litigants as to the costs of litigation, and reminds litigants that even if they feel as though they were largely successful with respect to the outcome of the case, this does not necessarily mean that they will be receiving their costs of the litigation on a full indemnity basis.
April 7, 2017
In this recent decision of the Superior Court of Justice, the court considers the appropriate amount of damages to award when there is been an invasion of privacy within a domestic relationship. Further, the Court considers the sum of damages to award when considering incidents of domestic violence.
March 31, 2017
This appeal concerns an application by a minor for a declaration that she has withdrawn from parental control. The father of a 17-year-old girl appeals a declaration that she has withdrawn from parental control.
March 24, 2017
This recent decision from the Ontario Court of Appeal provides guidance for family law litigants and counsel with respect to the jurisdiction for subsidiary dispute resolution. The Court is firm in their finding that in high conflict cases, best practice mandates that the same judge continue to hear subsidiary disputes.
March 17, 2017
This decision from the Ontario Court of Appeal canvasses whether an Ontario Court has the jurisdiction to award child support, spousal support, and equalization of net family property after a foreign court has issued a divorce.
March 10, 2017
This case serves as an important reminder that custody and access issues must remain child-focused, and adjustments to a parenting plan must be determined within the scope of the child’s needs, and not the needs of the parents.
March 5, 2017
This decision, written by Justice Stanley Kershman, deals with a numerous child support issues including support for adult children, retroactive claims when a child is no longer considered a child of the marriage, who can direct an RESP, and section 7 expenses.
February 24, 2017
This case serves as a reminder that establishing a material change in circumstances is only the first hurdle to meet when attempting to reduce support arrears, and that the party seeking such relief must establish either that they are unable, and will never be able, to pay the arrears, or that the arrears have accrued as a result of a change in the payor’s circumstances.
February 17, 2017
In this case, the father sought to find the mother in contempt for breach of court orders and interference with access. A finding of contempt is the most drastic enforcement mechanism available to the court as it opens the door to a range of sanctions including penal sanctions.
February 10, 2017
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.
February 3, 2017
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.
January 28, 2017
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.
January 20, 2017
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.