Property and Equalization

Division of net family property issues, including the nature of individual assets, valuation issues, and how individual assets are treated.

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How to Choose the Right Family Law Lawyer

How to Choose the Right Family Law Lawyer When it comes to family law matters, choosing the right lawyer is crucial. A good lawyer can make all the difference in the outcome of your case. However, with so many lawyers out there, it can be overwhelming to know where to start. Here are some tips …

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No Set Off Against Future Child Support

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 …

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High-Income High-Asset Spousal Support

In Rochon v. Rochon, 2018 BCSC 1899, the BC Supreme Court denied a spousal support claim by a wife where there was not a compensatory support claim and where following the division of family property the wife would have sufficient assets to meet her needs, avoid economic hardship and to pay her needs.  Before trial the wife …

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Timely Financial Disclosure Key

In Burke v. Poitras, 2018 ONCA 1025 (CanLII), the Ontario Court of Appeal upheld a settlement conference judge’s decision to strike pleadings on financial matters where a family law litigant failed to follow orders to provide basic financial disclosure. The family law system is based on up front full disclosure of financial matters, including providing up to …

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Real Estate Value Increase After Split

The Ontario Court of Appeal considered who benefits from an increased real estate value of the matrimonial home after separation where only one married spouse is on title in Gionet v. Pingue, 2018 ONCA 1040.  The Honourable Justice Alison Young considered the appeal of the spouse on title who believed the trial judge misapplied the law to …

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