court decisions

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Unmarried Couple With Separate Homes May Still Give Rise to Spousal Support

Many believe that spousal support only applies to married couples. In fact, common law spouses may be required to pay spousal support as well. When are common law partners considered “spouses”? Section 29 of the Family Law Act provides an expanded definition of “spouse” with respect to support obligations which includes either of two persons [...]

5 Reasons to Consider Mediating Your Separation

When couples decide to separate, many instinctively believe the first step is to retain a lawyer. Our clients often tell us they had no idea that the option to mediate their separation existed until they came across it online, or heard about it from a friend, family member, or colleague at work. For many, the [...]

Financial Implications of COVID-19 in Family Law – Part One

We are now a few months into the COVID-19-era and just over a month into the implementation of “stay home” protocols and the shutting down of “non-essential” businesses. The full scope of the financial consequences arising from these changes remains unknown. The corresponding impact on financial issues in family law cases is also unfolding before [...]

The New Tort of “Publicly Placing a Person in a False Light”

Breaking news! Justice Kristjanson recognized a new tort in Ontario law: the tort of “publicly placing a person in a false light” in the case of Yenokvian v. Gulian, 2019 ONSC 7279. The tort of “intrusion upon seclusion” has been part of Ontario law since 2012. The new tort of “publicly placing a person in a [...]

By | April 13th, 2020|court decisions, divorce, separation, Uncategorized|0 Comments

More than $500,000 in Legal Costs for a Family of Modest Means

In the 2016 costs decision in the case of Jackson v. Mayerle, Justice Pazaratz of the Superior Court of Ontario makes stinging comments about the impact of high conflict litigation on a family of modest means. He states: These are nice, average people. Of modest means (now considerably more modest). They drive old cars and [...]

By | November 24th, 2016|court decisions|0 Comments

Child declared to have two fathers despite silence in Children’s Law Reform Act on same sex parenting and assisted reproduction

The Ontario Government needs to recognize the changing face of parenthood and amend the Children's Law Reform Act to recognize parents of the same gender and developments in assisted reproduction. In M. (A.W.) v. S. (T.N.), 2014 ONSC 5420, Mr. Justice Henderson granted an application brought by two married men to be declared a child's [...]

By | February 25th, 2015|children, court decisions, parentage|0 Comments

Voluntary retirement doesn’t mean spousal support ends

Often when parties separate, they include a clause in their separation agreement that says spousal support can end or be reviewed when there is a "material change of circumstances".  What does this mean if the payor chooses to retire? In the case of Walts v. Walts, Justice Minnema of the Ontario Superior Court of Justice [...]

By | January 14th, 2014|changes, court decisions, review, support|1 Comment