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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)

Divorce Support Variation Wife not economically self-sufficient 16 years after separation — Court of Appeal setting aside order terminating wife’s support Whether support should be continued or terminated pursuant to s. 17 of Divorce Act  Whether objective of self-sufficiency should be given priority — Whether Pelech rule applicable to nonconsensual situations  Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), ss. 15, 17. Courts… Continue reading Moge v. Moge, [1992] 3 S.C.R. 813

Family law — Support — Spousal support — Wife not being economically disadvantaged by 19-year childless marriage but being economically disadvantaged by its breakdown — Husband’s salary increasing dramatically just before separation and wife facing greatly reduced lifestyle instead of sharing in that gain — Wife being 41 years old at time of separation —… Continue reading Fisher v. Fisher, 2008 ONCA 11 (CanLII)

Family law — Divorce — Maintenance — Federal Child Support Guidelines — Meaning of word “inappropriate” in s. 4(b) of  Guidelines — Father with annual income of $945,000 ordered to pay $10,000 per month in child support for his two children — Whether trial judge properly exercised discretion to award Table amount of child support applicable… Continue reading Francis v. Baker, [1999] 3 S.C.R. 250

Family law — Maintenance — Child support — Retroactive support — Whether court can make retroactive child support order — If so, in what circumstances is it appropriate to do so — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 15.1, 17, 25.1 — Federal Child Support Guidelines, SOR/97175, ss. 1 to 4, 9, 10, 14, 25 — Parentage and Maintenance Act, R.S.A. 2000, c. P-1.   These four appeals raise the issue of retroactive child support.  In D.B.S. v.… Continue reading D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, [2006] 2 S.C.R. 231, 2006 SCC 37

Family law Spousal support Parties living together for seven years including three years of marriage Wife having various health problems from beginning of relationship and becoming disabled and unable to work and support herself Whether disabled spouse entitled to spousal support — Obligation owed by healthy spouse to sick one when marriage collapses  Family Relations Act,… Continue reading Bracklow v. Bracklow, [1999] 1 S.C.R. 420

Family law — Support — Spousal support — Lump sum — Court’s ability to award lump sum spousal support not restricted to situations where there is real risk that periodic payments would not be made or to other limited and very unusual circumstances.   The parties were common law spouses. They began living together in… Continue reading Davis v. Crawford, 2011 ONCA 294 (CanLII)