Can I Sue My Ex’s Mistress for Damages?

This was an interesting question that an Ontario court grappled with several years ago, in a decision that made some interesting points. The Ontario Superior Court of Justice was asked to determine the potential legal viability of a wife’s lawsuit against her common-law husband’s mistress, and against the fertility clinic where the mistress was employed, …

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Nova Scotia Courts Consider the Question of Who is a Parent?

Two levels of court in Nova Scotia recently discussed the question of who constitutes a parent, for the purposes of adoption, in that province. At issue was whether the biological father of a child that had been put up for adoption should have received notice of that adoption even though he had no relationship with …

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Judge Determines Best Interests of a Child by Interviewing the Child in Question

A recent Ontario Court of Appeal decision demonstrates that a judge can interview a child to determine that child’s best interests, but only where an interview is the only practical method of obtaining the child’s opinion in a timely fashion. What Happened? The separating parents were never married, but had a child together. In August …

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Ontario Recognizes Rights of Disabled Children of Unmarried Parents

A recent Ontario Court of Justice decision confirmed that adult disabled children of unmarried parents are entitled to child support in the same way that adult disabled children of divorced parents are. What Happened? A constitutional challenge was filed by a single mother of an adult disabled son, who argued that s. 31 of the …

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What Happens if You Miss the Deadline for Making an Application for Division of Property?

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 …

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Email Communications After Divorce: Be Careful What You Send

Electronic 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 …

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Are Personal Injury Structured Settlements Considered Property or Income in Divorces?

The 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 …

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Requesting Changes to Spousal Support After Retirement

A 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 …

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Post-Divorce Parental Obligations to Emancipated Children

A 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 …

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