Written by: Galia Amoils Treating your pet as if they were part of the family has become the status quo in North American homes. However, in the context of divorce, what do the Courts have to say on the subject? HOW COURTS VIEW PETS IN FAMILY LAW MATTERS Justice R.W. Danyliuk of the Court of …
Read MoreThe court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale. The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …
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 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 MoreThe 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 MoreOne of the most important property-related issues that must be dealt with during a separation and/or divorce is the equalization of net family property. In a nutshell, Ontario’s property equalization scheme provides that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of the marriage. …
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 MoreYou know that when a relationship ends, property gets divided up. But does it always have to be a 50/50 split? Section 5 of Ontario’s Family Law Act (FLA) deals with the equalization of net family properties upon the breakdown of a relationship. The general rule for the division of property is set out in subsection 5(1): …
Read MoreQuestion: I don’t want to get divorced. Can I get an annulment instead? Answer: Annulments are different from divorces. A divorce is the legal end to a marriage, granted by a Judge. In Canada, you can obtain a divorce if there is a breakdown in the marriage, based on one of three grounds: living separate …
Read More
