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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Second Marriage: Court Relies on Financial Statements from First Divorce During Second Divorce

In 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 …

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Court of Appeal: Mother’s New Partner Cannot Participate in Family Counselling Because of Restraining Order

The 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 …

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Woman Sentenced to 60 Days in Jail After Falsely Accusing Ex-Husband of Attempted Rape and Domestic Violence

An 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. …

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Common Law Partners and Joint Tenancy

An Ontario court recently ordered that a man who was found to have gifted his former common-law spouse a 50% interest in the home they had lived in together had to either buy out the former spouse’s half interest, or the home had to be sold and profits divided equally if he wanted to resolve …

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