Division of net family property issues, including the nature of individual assets, valuation issues, and how individual assets are treated.
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 …
As a family law lawyer in Windsor, I’ve seen many business owners struggle through a divorce while trying to protect their business interests. Whether you’re a sole proprietor or have partners, it’s important to take steps to protect your business from being divided in a divorce settlement.
Many people hire a lawyer seeking a “legal separation” after a relationship breakdown. However, in Ontario, there is no such thing as a “legal 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 …
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 …
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 …
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 …
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 …
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 …
In the recent Newfoundland Court of Appeal decision in Baker v. Harmina, 2018 NLCA 15, the infrequently litigated issue of pet ownership issue was considered by the Court. This case has had wide media discussion not because of the outcome of the case (which as expected treated pets as property), but because of the dissenting opinion of …
