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Family law Property Constructive trust Wife contributing to accumulation of assets held in husband’s name Family Law Act, 1986 providing for equal division of value of family assets as determined on valuation day Assets appreciating significantly after valuation day Whether or not the constructive trust applicable where the Family Law Act, 1986 provides a remedy… Continue reading Rawluk v. Rawluk, [1990] 1 S.C.R. 70

Family law Trusts Constructive trust Long-term common law relationship Unpaid homemaker Homemaker maintaining and improving property Whether proprietary link necessary to constructive trust established Whether consideration to be given to the extent to which the remedy of constructive trust should be applied in terms of amount or proportion.   Trusts Constructive trust Long-term common law… Continue reading Peter v. Beblow, [1993] 1 S.C.R. 980

Family law — Common law spouses — Property — Unjust enrichment — Monetary remedy — Whether monetary remedy restricted to quantum meruit award — Whether evidence of joint family venture should be considered in conferring remedy — Whether mutual benefit conferral and reasonable expectations of parties should be considered in assessing award.   Family law… Continue reading Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269

Family law — Domestic contracts — Setting aside – Husband deliberately failing to disclose existence of certain assets to wife prior to entering into marriage contract – Husband seriously misrepresenting extent and value of some of disclosed assets — Husband misrepresenting nature and terms of marriage contract to wife — Wife not receiving effective independent… Continue reading LeVan v. LeVan, 2008 ONCA 388 (CanLII)

Family law — Divorce — Spousal support — Relevance of spousal misconduct — Husband’s affair having emotionally devastating effect on wife — Wife unable to attain self sufficiency — Whether Court of Appeal erred in taking into account spousal misconduct in determining entitlement to support — Whether husband’s capital assets acquired after marital break up… Continue reading Leskun v. Leskun, 2006 SCC 25 (CanLII), [2006] 1 SCR 920

Wills and estates — Joint bank and investment accounts with right of survivorship — Presumptions of resulting trust and advancement — Father gratuitously placing assets in joint accounts with daughter — Whether assets in joint accounts to be included in father’s estate upon his death — Whether presumption of resulting trust rebutted — Whether presumption… Continue reading Pecore v. Pecore, 2007 SCC 17 (CanLII), [2007] 1 SCR 795

Family law — Property — Division of assets — Order for sale of property prior to trial — Husband requesting order for sale of jointly owned recreational property prior to trial — Wife opposing order because of her wish to acquire husband’s interest in property at conclusion of trial in lieu of equalization payment —… Continue reading Batler v. Batler (H.C.J.), 1988 CanLII 4726 (ON SC)

LEGAL PRINCIPLES RELATING TO CHILD SUPPORT    The applicable legislation respecting both the child and spousal support claims in this case is the Divorce Act (“the Act”).  With respect to child support, section 15.1 of the Act stipulates that a court may on application by either or both spouses make an order requiring a spouse to pay for the support of any… Continue reading Thompson v. Thompson, 2013 ONSC 5500 (CanLII)

Family law — Support — Child support — Application judge failing to take appropriate considerations into account in ordering retroactive child support — Application judge failing to consider whether table amount was inappropriate within meaning of s. 3(2)(b) of Guidelines where child had turned 18 and was attending university in another city — Application judge… Continue reading Park v. Thompson, 2005 CanLII 14132 (ON CA)

Family law — Support — Child support — Motion judge ordering adult children to contribute to their post-secondary education expenses out of their summer earnings — Children having substantial capital assets — Motion judge erring in failing to consider extent to which children should be expected to contribute to their own education expenses out of… Continue reading Lewi v. Lewi, 2006 CanLII 15446 (ON CA)