Family & Divorce Law

Family law — Support — Child support — Variation — Minutes of settlement executed in late 1996 providing for variation of child support in event of material change in circumstances — Father stating in contemporaneous sworn financial statement that he did not anticipate any material changes to information contained in statement — Father cashing in… Continue reading Marinangeli v. Marinangeli, 2003 CanLII 27673 (ON CA)

Rogers J.:   [1] The applicant wife in this proceeding seeks an order pursuant to Rule 24(12) of the Family Law Rules. She requests interim disbursements to pay for a review of a valuation of items on the husband’s net family property statement and for legal fees.   The Family Law Rules   [2] Rule… Continue reading Stuart v. Stuart, 2001 CanLII 28261 (ON SC)

Family law — Family assets — Separation agreements — Unconscionability — Husband knowingly exploiting wife’s mental fragility and giving misleading financial information, resulting in negotiated equalization payment that fails to reflect objectives of governing legislation or parties’ intention to divide assets equally — Whether separation agreement unconscionable — Role of professional assistance in compensating for… Continue reading Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295

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