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 […]
Is My Personal Injury Settlement Matrimonial Property?
The Matrimonial Property Act and the newly implemented Family Property Act both provide that damages paid to one spouse as a result of a “tort” are exempted from distribution in the division of matrimonial property, so long as those damages […]
Don’t Disclose at Your Peril
In the recent decision of Janiten v Moran, the Alberta Court of Appeal has made it clear that there are serious consequences for failing to make prompt and complete financial disclosure in family law matters. In Moran, the Mother […]
Tips for the Initial Consult
Initial consults can be very helpful for both lawyers and clients, even on what may be thought of as a “simple” matter. The initial consult is a good starting point to set the stage for what a client’s […]
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