Family & Divorce Law

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 or… 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