Family Lawyers Advising on Divorce and Social Media It has become commonplace for people document nearly every aspect of their lives on social media. Checking into a popular restaurant on Facebook and later posting a photo to Instagram, commenting on a topic on Twitter, or posting about a business endeavour on LinkedIn have become ubiquitous …
Read MoreSurrogacy is strictly controlled in Canada, with limits on compensating surrogates, and correspondingly stiff penalties for any infractions. However, surrogacy experts say that despite the laws in place to ensure that surrogacy does not become a paid business, there are vast grey areas in law and policy that are problematic. Altruistic Surrogacy in Canada Canadian …
Read MoreThis 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, …
Read MoreTwo 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 …
Read MoreA 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 …
Read MoreA 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 …
Read MoreWe’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 …
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