Common Law Spouses and Claims for Constructive Trust

The Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed. What Happened? The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. At no time did the …

Read More

Court Finds Severance of Divorce Would Not Result in Disadvantage for Ex-Husband Who Will Lose Health Benefits  

An Ontario court recently ruled on a motion filed by a wife who wanted to sever her claim for divorce from her claims for collateral remedies. The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife’s insurer once they were divorced and wanting all outstanding issues …

Read More

Agreements to Arbitrate in Family Law

The Ontario Superior Court of Justice recently considered the question of when a court may or may not find that an order to arbitrate a family law dispute is enforceable. What Happened? The parties were separated and had been involved in a family law matter since 2014. In August 2016, the parties and their counsel …

Read More

Sperm Donor Who Donated to Lesbian Couple is Denied Parental Rights

A recent decision by an appeal court in New York state has denied a sperm donor’s request to have a paternity test in order to be recognized as a child’s legal parent, noting that “biology is not dispositive in a court’s paternity determination.” What Happened? A man in question donated sperm to two lesbian women …

Read More

Indefinite vs. Time-Limited Spousal Support

In a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support. What Happened? The parties were married in May 1986 and separated in July 2004, resulting in an 18-year marriage. After separation, the husband was ordered to pay the …

Read More

Terminating Spousal Support: What Constitutes a Material Change in Circumstances?

An Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support. What Happened? The parties began cohabiting in …

Read More

Liberal Government Investigating Paternity Leave Policy Options

Last December, the federal government implemented major changes to parental leave. As of December 3, 2017, eligible new parents planning to take parental leave can spread 12 months of employment insurance (EI) benefits over 18 months following the birth of a child. The changes are intended to provide parents with more flexibility for family responsibilities. …

Read More

Granting Adjournments in Family Law Arbitrations

The Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, …

Read More


Questions? Send us an email

Contact Form - Home