A separation involving a business, several properties, pensions or assets abroad needs careful financial analysis. Understanding what you own, what must be disclosed and how Ontario law treats each asset can help you make informed decisions before signing a settlement. EqualizationMatrimonial homeCommon-law property claimsFinancial disclosureNext steps Equalization of net family property for married spouses Ontario’s… Continue reading Complex Property Division & High-Asset Divorce in Ontario
Pinpointing the Date of Separation In Ontario, the “date of separation” is not just a calendar milestone – it is the valuation date used to calculate the equalization of net family property. A difference of even a few months can drastically alter the division of assets, especially where one spouse holds volatile investments, real estate,… Continue reading When Did We Separate? And How Does Family Violence Impact Support? Recent Insights from the Ontario Court of Appeal
What Happened in Ahluwalia v. Ahluwalia Kuldeep and Amrit Ahluwalia married in 1999 and immigrated to Canada in 2001. They had two children and separated in 2016. At trial, the wife – who represented herself – was awarded the usual family law remedies: child support, spousal support, and equalization of family property. But the trial… Continue reading Supreme Court Creates New Tort for Intimate Partner Violence – What It Means for Your Family Law Case
A divorce between couples is sometimes a mutual agreement to separate as they see this as the best solution in a difficult marriage. Unfaithfulness, violent acts, deceit, or a general lack of respect have all pushed marriages to the brink of separation. Divorce, however, being a better solution for the partners may have unintended and… Continue reading How to Support Your Child after Your Divorce
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 24(12) reads as… 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 relationship… 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
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