We’ve previously blogged about division of property, and the critical role this plays following a separation and/or divorce. This week, we review a commonly asked question: what happens if a former spouse misses the deadline for applying for division of property? This issue was explored several years ago in Martynko v. Martynko. What Happened? The …
Read MoreElectronic communications, whether via email, text, or social media, have become a regular part of life for most people. However, most people do not take the time to reflect on what impact their online and electronic activities may have on significant parts of their life, including potential family law disputes. A decision by an Ontario …
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 Court of Appeal decision explored how courts address requests made by a spousal support payor who wishes to eliminate their support obligations towards their ex-spouse following retirement. What Happened? The parties in question were married for more than 24 years, and separated in 1990. They had one child together who, at the …
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 …
Read MoreThe Court of Appeal recently ruled on a situation involving complicated family dynamics, allegations of abuse, and a restraining order. The Court removed a condition in an order requiring a father to attend family counselling meetings with his ex-wife, her new partner, and the former couple’s children. The Court did not find these terms appropriate …
Read MoreAn Ontario woman, who falsely accused her ex-husband of a number of violent acts including attempted rape and domestic violence, has been sentenced to jail time. The woman claimed that her ex-husband broke into her apartment, threw her onto her bed, choked her repeatedly, threatened to kill her, and attempted to rape her several times. …
Read MoreAn Ontario court recently dismissed a claim that a father claimed against the mother of his child, claiming that he was a victim of sexual DNA theft. What Happened? The parties met at a music festival, where they were both working. The mother was 38 years old at the time, and the father was 23 …
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