My Spouse Cheated! Can I Sue?
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. […]
Family Law
Lump Sum Spousal Support – The Unicorn of Spousal Support Awards
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 […]
Spousal Support Obligations and New Relationships
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 […]
University Expenses For Your Adult Children, Post-Divorce
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 […]
What is a “Child of the Marriage”?
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 […]
Vaccines and Family Law in the Age of COVID-19
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 […]
Drug Addiction & Child Support
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 […]
The Doctrine of Unconscionable Procurement Applied in a Canadian Court after a Century of Non-Use
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 […]
What is “Top Up” Child Support?
After the breakdown of a relationship in which Partner A has children from a previous relationship for whom they receive child support, many might be surprised to learn that Partner B (step-parents and those who are found to be “standing […]
Show Me the Money: Costs Enforcement in Family Law
Following a family law trial, a lawyer has the opportunity to make submissions with respect to costs. A costs award is a court order for one party to pay the other party a prescribed amount of money, usually to account […]