Happy New Year to everyone. I hope the holidays treated you well and you have survived the deep freeze. I spent a week at a cottage on the shores of beautiful Georgian Bay. I learned a lesson my mother tried to impart for years: Hats keep your head warm. But I digress… There has been …
Read MoreA recent Ontario decision serves as a reminder that emails, text messages and other forms of social media can be introduced as evidence in family law proceedings. Judges may consider – and rely on – the content of these communications when determining important matters before them. What happened? The parties were married in June 2004, …
Read MoreA recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce. What Happened? The parties separated in 2005, after eight years of marriage, …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreAn Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …
Read MoreMany of the clients I see have not yet separated. They are having problems in their relationships and they consult with me to discuss their rights and obligations in the event of a separation. For parents, the issue of the children is front and centre. Parents invariably ask me how and what to tell the …
Read MoreThe Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization. The Court ruled that structured settlement funds should be treated as income in divorce proceedings. What Happened? The parties were married in December 1995. It …
Read MoreA man who was ordered to pay $10 million in spousal support and other payments to his wife of 40 years, spent six months in jail for deliberately ignoring the order and, to date, has not yet complied- potentially setting himself up for another finding of contempt and more jail time. What Happened? Brian and …
Read MoreA recent Ontario decision discussed the circumstances under which separated or divorced parents have an obligation to a child who had been emancipated. Specifically, the court reviewed whether the father of a 17-year old daughter who had left home and obtained a legal emancipation order was responsible for financial supporting her through university. Emancipated Daughter …
Read MoreIn a recent decision, the Ontario Court of Appeal relied on documents and financial disclosure from a husband’s first divorce proceedings in order to come to a conclusion about his net worth during his second divorce proceedings, following the end of his second marriage. The Parties The parties met in the early 1990’s. At the …
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