Following a case conference, parties to a family law proceeding (Michelon v. Ryder) reached a comprehensive agreement on a final order. The Court noted that the agreement was an excellent result for all involved. However, the Court questioned its jurisdiction to include a term in the order requiring the parties to submit to secondary arbitration. …
Read MoreIt’s not uncommon for a parent to seek to impute income to other parent for the purposes of support calculations, especially if they suspect he or she is intentionally under-employed. In a recent decision of the Ontario Court of Justice (Charron v. Carriere), the Court imputed income to both the father and the mother, finding that …
Read MoreDeciding to end a relationship or marriage is never easy. It can be especially difficult if you have a partner with narcissistic personality disorder. In a previous blog we recommended a few ways to keep your distance and your cool when dealing with a narcissistic ex. But what about before that? What if you’re still in …
Read MoreFor some people, deciding who gets the pets after a divorce can be just as difficult and heartbreaking as determining custody of the children. Pets often become part of the family, but the law in Ontario considers them personal property to be divided at the end of a marriage. This means that no matter how …
Read MoreWhat happens if the words in a will seem to contradict statements made by the deceased prior to his or her death? The Ontario Superior Court of Justice examined this issue in a recent case (Royston (Trustees of) v. Alkerton). The Facts The deceased was the mother of five children (Michael, Peter, Laura, Alan, and …
Read MoreIt’s not uncommon for an individual who is obligated to pay spousal support to want to reduce or eliminate that obligation after he or she has entered into a new relationship. This is especially true if financial responsibility for that new, or “second” family arises. Does a Second Family Impact Entitlement or Quantum of Support …
Read MoreIt’s lonely to go through the divorce process, and sometimes people find themselves eager to start dating before everything is final. After all, a divorce can do some serious damage to your self-esteem, and it may sound like a good idea to find someone else to reaffirm your self-worth. However, if you think about the …
Read MoreDivorce is hard on kids of all ages. Common sense tells us that we need to be supportive and extra attentive to our children during periods of change and upheaval in their lives. You know your child best. You know how to comfort them and parent with kindness and compassion, but it may be difficult …
Read MoreIf you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home. Section 24(1)(c) of the Family Law Act, R.S.O. 1990, c. F.3 provides that if one spouse is …
Read MoreIn a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father. Background Facts In 2012, Mr. Mohammad and Ms. Mahmood settled the issue of custody of …
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