Family & Divorce Law

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. S.R.G.,… 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 1982,… Continue reading Davis v. Crawford, 2011 ONCA 294 (CanLII)

Family law — Spousal support — Variation on retirement — Double recovery — Pension income — Whether retired payor spouse entitled to seek reduction of  support payments to former spouse on basis that pension being received was previously considered in equalization of matrimonial property — Whether spouse who  received assets in exchange for capitalized value… Continue reading Boston v. Boston, [2001] 2 S.C.R. 413, 2001 SCC 43

Family law — Support — Child support — Child Support Guidelines — Income — Imputed income — Respondent suffering from mental illness and being unable to work — Respondent’s father providing him with place to live, contributing large amounts of money to his education in attempt to make him employable and paying him allowance — Trial judge… Continue reading Bak v. Dobell, 2007 ONCA 304 (CanLII)

During the marriage, the respondent earned $21 per hour as a certified tool and die maker. After the parties separated, the respondent did not look for any employment. He was on the payroll of his stepfather’s company for the years 1997 to 2000, but substantial portions of his income were retained by the company to… Continue reading Drygala v. Pauli, 2002 CanLII 41868 (ON CA)

The parties resided in Saskatoon until their separation in 1990. The mother petitioned for divorce and at trial was granted permanent custody of the young child while the father received generous access. When the father learned that the mother intended to move to Australia to study orthodontics, he applied for custody of the child, or… Continue reading Gordon v. Goertz, [1996] 2 S.C.R. 27

This motion concerns the sale of four rural properties owned by the parties during their marriage of 25 years. …..“the farm” is indeed a farm within the meaning of section 11(1) of the Family Law Act. I find the woodlot to be a business within the meaning of section 11(1). Both of these properties shall… Continue reading White v. White, 2021 ONSC 6018 (CanLII)

The parties were married on August 8, 2009 and were separated on December 1, 2017. During the marriage, they operated a substantial farm operation. This operation is conducted on: a. five jointly owned farm properties; b. two properties solely owned in the name of the respondent; and c. other lands which are rented, in some… Continue reading Urness v. McDonald, 2022 ONSC 1697

P and C were married in 1992. Before their marriage, they purchased a house, taking title as tenant in common. They entered into a marriage contract in which C released her claims under the Succession Law Reform Act. The marriage contract mistakenly stated that P and C owned the house as joint tenants. P died… Continue reading Psarros Estate v. Cook, 2017 ONSC 3903