Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …

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Tips For Vacation Planning For Divorced Or Separated Parents

Planning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …

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Court Terminates Husband’s Obligation to Pay Spousal Support

In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …

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Determining Spousal Support: Who Qualifies as a “Spouse”?

In a recent decision, an Ontario court found that a woman was entitled to indefinite spousal support from her partner even though they had maintained separate residences. The Parties’ Story The parties began their relationship in October 2001 and separated in May 2015. Both parties had children from their previous marriages, but they had no …

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How Artificial Intelligence May Impact Alternative Dispute Resolution

We often hear about how artificial intelligence (“AI”) is being used to transform various industries, such as how we drive cars and how we communicate with one another. One area that people may not have thought lent itself strongly to the use of AI is alternative dispute resolution. However, a recent article in the Law …

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Factors The Court Will Consider When Making a Costs Award

The reason behind costs awards in family law matters When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect …

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Does Withdrawing RRSPs Count As A Depletion Of Assets?

While it’s unfortunate, it is not uncommon to see a spouse with child or spousal support obligations attempt to reduce their income or assets in order to lower the amount of support they have to pay per month. To preemptively address this, courts can include orders that a support-paying spouse to not deplete their assets. …

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Father Regrets Signing Minutes Of Settlement; But Can He Convince The Courts To Overturn?

Back in April we looked at a case where the courts refused to overturn a separation agreement entered into by two parents. Another recent decision, this time from the Ontario Superior Court of Justice, highlights just how important it is to carefully consider the details and implications of a separation agreement before signing it. The …

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