Family law — Spousal support — Variation on retirement — Double recovery — Pension income — Whether retired payor spouse entitled to seek reduction of support payments to former spouse on basis that pension being received was previously considered in equalization of matrimonial property — Whether spouse who received assets in exchange for capitalized value… Continue reading Boston v. Boston, [2001] 2 S.C.R. 413, 2001 SCC 43
Family law — Support — Child support — Child Support Guidelines — Income — Imputed income — Respondent suffering from mental illness and being unable to work — Respondent’s father providing him with place to live, contributing large amounts of money to his education in attempt to make him employable and paying him allowance — Trial judge… Continue reading Bak v. Dobell, 2007 ONCA 304 (CanLII)
During the marriage, the respondent earned $21 per hour as a certified tool and die maker. After the parties separated, the respondent did not look for any employment. He was on the payroll of his stepfather’s company for the years 1997 to 2000, but substantial portions of his income were retained by the company to… Continue reading Drygala v. Pauli, 2002 CanLII 41868 (ON CA)
The parties resided in Saskatoon until their separation in 1990. The mother petitioned for divorce and at trial was granted permanent custody of the young child while the father received generous access. When the father learned that the mother intended to move to Australia to study orthodontics, he applied for custody of the child, or… Continue reading Gordon v. Goertz, [1996] 2 S.C.R. 27
This motion concerns the sale of four rural properties owned by the parties during their marriage of 25 years. …..“the farm” is indeed a farm within the meaning of section 11(1) of the Family Law Act. I find the woodlot to be a business within the meaning of section 11(1). Both of these properties shall… Continue reading White v. White, 2021 ONSC 6018 (CanLII)
The parties were married on August 8, 2009 and were separated on December 1, 2017. During the marriage, they operated a substantial farm operation. This operation is conducted on: a. five jointly owned farm properties; b. two properties solely owned in the name of the respondent; and c. other lands which are… Continue reading Urness v. McDonald, 2022 ONSC 1697
In June 2001, two representatives of a group of American investors met with H and others to discuss an investment opportunity. The group wired US$1.2 million, which was pooled with other funds and transferred to H’s company, Tropos. A few months later, Tropos forwarded more than US$10 million to an offshore bank and the money… Continue reading Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87
P was retained by the defendant law firm through P’s company, the plaintiff, to provide an expert opinion in a class proceeding. When the defendant failed to pay the account, the plaintiff brought an action for damages in the amount of the account (plus accrued interest under the contract), plus HST, and for prejudgment interest… Continue reading Puri Consulting Ltd. v. Kim Orr Barristers PC, 2015 ONCA 727
P and C were married in 1992. Before their marriage, they purchased a house, taking title as tenant in common. They entered into a marriage contract in which C released her claims under the Succession Law Reform Act. The marriage contract mistakenly stated that P and C owned the house as joint tenants. P died… Continue reading Psarros Estate v. Cook, 2017 ONSC 3903
The plaintiff agreed to purchase from the defendant a residential property with a closing date of June 22. The agreement contained a standard insurance clause providing that the risk remain with the seller until completion and that in the event of “substantial damage”, the buyer had the option of terminating the agreement or taking insurance… Continue reading Pordell v. Crowther Estate 2020 ONSC 1635
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