The Ontario Court of Appeal recently ruled that a wife whose husband had been having an affair may seek a larger share of net family property to offset the money the husband had spent on his lover. The Court was careful to note that the wife cannot use her suspicions of the husband’s misconduct to …
Read MoreAn 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 …
Read MoreGriffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown. The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …
Read MoreAn Ontario judge recently ordered that a father pay almost $25,000 for failing to disclose relevant financial information in a child support dispute within a reasonable period of time. What Happened? The former couple met in 1981 when they were both 19 years old, and were in a common-law relationship for approximately four years, resulting …
Read MoreThe Ontario Superior Court recently addressed the question, “Do nude pictures of parents help judges decide who should get custody?”. Justice Pazaratz answered in the negative and criticized a father for attaching series of nude selfies of his ex-spouse to an affidavit that he filed in support of his motion for a custody change. The …
Read MoreGuilty by Way of Default Judgment Social media continues to provide challenges across many areas of Canada’s judicial system. One particularly troubling reality of our modern digital age is “revenge porn,” in which people release nude images or videos of former sexual partners. On January 21, 2016, Justice Stinson of the Ontario Superior Court …
Read MoreIn Ontario, marriages are deemed to be a form of economic partnership. As such, at the end of the marriage, under Ontario law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by a process called equalization under the Family Law Act (“FLA”). Equalization is a …
Read MoreA recently introduced private members bill from Toronto MPP Mike Colle seeks to direct insurers to pay out claims for cases involving domestic violence. The Innocent Persons Insurance Recovery Act was introduced by Colle in the wake of a CBC investigation that exposed clauses found in some insurance company policies that nullify fire damage coverage …
Read MoreA judge criticized the “irresponsible” behaviour of a self-represented mother in a divorce case that had spanned roughly ten years. Among the mother’s inappropriate actions was the failure to show up for a motion date she had requested. The Parties Justice Rempel made a point of emphasizing the “relentless pace and complexity of the protracted …
Read MoreA recent decision by the Ontario Superior Court provides divorcing parents with a cautionary tale about allowing outstanding disputes to get out of control and racking up huge costs. What Happened? Following their separation, the parties at issue resolved many of the outstanding financial issues on their own. The remaining issues all related to parenting …
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