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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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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Judge Criticizes Father Who Submitted “Sexts” Sent by Mother as Evidence in Custody Dispute

The 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 …

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Judge Slams Mother’s Behaviour During Lengthy Divorce Trial

A 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 …

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The Reality of Costs in Family Law Disputes

A 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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Removal of Counsel from Record in Family Law Proceedings

The Ontario Superior Court recently commented on interference with a party’s choice of counsel in family law disputes, and dismissed a request to remove counsel from the record. What Happened? The parties signed a separation agreement a number of years ago, and a divorce was later granted in 2007. Both parties were now seeking variations …

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Does a father have to continue paying child support if he discovers the child is not his?

The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life. The …

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The Lawyer’s Role in the Collaborative Process

The Ontario Superior Court of Justice recently had the opportunity to review a lawyer’s role in the collaborative process when the husband in a family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.  Mr. Elliott argued that the lawyer should be removed on the basis …

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