Now more than ever, the Canadian justice system is taking a hard line against domestic violence, and has for the first time, included a definition and extensive provisions dealing with family violence in the new Divorce Act [Act], which was […]
Arbitration, a process by which an independent individual is appointed by the parties to make a binding decision on issues in dispute, is a great option for parties who wish to avoid court and the associated expense, uncertainty […]
In Leung v Shanks, 2013 ONSC 4943, a common-law couple started dating in 2006 and moved in together in 2007. In May 2007, the couple began attending at a fertility clinic in the hopes of expanding their family. “Dr. […]
Lump sum spousal support awards are a unicorn in family law. They are remarkably rare. However, two recent cases, one from the Ontario Superior Court and one from the Court of Queen’s Bench of Alberta showed us that […]
The court has fairly broad discretion when it comes to making an order for spousal support. Unlike child support, where the amount owing is calculated using a table, spousal support calls for the court to consider several different factors in […]
If you are going through a separation or divorce, you will likely hear the term “Section 7 expenses” or “extraordinary expenses” as a specific category of child support. What expenses are you liable to pay, if any, for your adult […]
A common misunderstanding is that child support ends when a child turns 18 years old. In reality, most parents of “adult” children know that their children do not magically become self-sufficient upon their 18th birthday, with many still […]
COVID-19 continues to impact all facets of daily life, with many people wondering what the “new normal” will turn out to be, especially if and when an effective vaccine becomes available. The vaccination of children has long been a contested […]
The recent case from the Provincial Court of British Columbia, S.M.R. v. E.L.M., dealt with the issue of whether an addiction to drugs and alcohol is a choice or a disability and whether or not the substance abuse addiction […]
In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal of Ontario considered the doctrine of “unconscionable procurement”, which was last applied by Canadian Courts more than 100 years ago.
In Gefen, the dispute involved the estate of Elias […]