Divorce & Separation
In Booth v. Bilek, 2021 ONCA 128, the Ontario Court of Appeal considered an appeal of a trial judge’s decision to refuse to provide a full equalization of net family property due to the short length of marriage, which in this case was 48 months. Section 5(6) of the Family Law Act, allows the court
Equalization in Short Marriages Read More »
High conflict separations and divorce are the exception, not the rule. Changes in the law over the last 130 years have slowly but methodically attempted to reduce conflict points in separations and divorce. The common thread among all high conflict cases, is they involve high conflict people. Most often high conflict people have high conflict
High Conflict Separations Read More »
The Department of Justice recently put significant resources into the tools and information on the their website to coincide with the recently updated Divorce Act. One of these resources is a really nifty Parenting Plan Tool that allows parents to enter their names, and preferences using check boxes and webforms to create a comprehensive parenting
New Parenting Plan Tool Read More »
Long awaited changes to the Divorce Act are coming into effect March 1, 2021. These changes create a new procedure for parents who move residences, modernize the language of the Act to reflect modern parenting relationships and create new obligations for parents. More information can be found on the Department of Justice Website. If you
Divorce Act Changes March 1, 2021 Read More »
Due to the COVID 19 restrictions that have caused Canadian courts to handle only urgent family matters, the Federal Minister of Justice delayed implementation of the Divorce Act changes until March 1, 2021. The Divorce Act amendments passed by parliament will change the way courts will deal with children of married couples. The notions of
Divorce Act Changes Delayed Read More »
Upon separation many people wonder what happens to household contents? What about family photos, pets, and personal clothing? What about items I brought into the marriage? In Ontario, equalization of net family properties are dealt with in Part I of the Family Law Act. However, this legislation requires that “the spouse whose net family property is the
Household Contents Read More »
In Farsi v. Da Rocha, 2020 ONCA 92A, the Ontario Court of Appeal considered the appeal of a decision to deny an application under the Hague Convention on the Civil Aspects of International Child Abduction also known as the Hague Abduction Convention. The Hague Abduction Convention is a treaty that Canada and other nations are signatories to
Child Abduction (Hague Convention) Read More »
Couples often separate when their children are making plans to attend college or university. This may add additional stress to both parents and to the children looking to attend and pay for school. There are many misconceptions about child support, and separating parents often search for the best lawyer for their child support dispute. The
Should Children Pay For Their Own University? Read More »
In Plimmer v. Burke, 2019 ONSC 1915, Shaw J. of the the Ontario Superior Court of Justice found that the court does not have the jurisdiction to offset an equalization payment from future child support owing. In this case the mother owed $50,000.00 to the father for equalization. The father owed child support for the
No Set Off Against Future Child Support Read More »
