Posts tagged with: "family-digest"
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24 May 2011, 11:22 am
Torts
Wrongful death; abandonment
Erik Affolter appeals a summary judgment dismissing his wrongful death claim against American Family Mutual Insurance Company. Affolter sought to recover damages for loss of society and companionship stemming from the death of his son, Zackary Cole Lyrek. The circuit court concluded Affolter was not entitled to assert a wrongful death claim because [...] [read post]
31 Jul 2012, 10:12 am
When a marriage breaks down, the law in Ontario is that the spouses are entitled to equalize (share) their properties accumulated during the marriage under the Family Law Act. Whoever has less net family property is entitled to an equalization payment that amounts to half the difference between the spouses’ respective net family property (net … [read post]
18 Mar 2013, 1:13 pm
Toronto Family Law Lawyer Pei-Shing B. Wang Most couples have an joint account to pay for household expenses, such as mortgage payments, insurance premiums, and utilities. It’s not unusual that both spouses deposit their entire pay into the same account. On occasion, spouses who receive inheritance or gift funds also deposit the money in the … [read post]
21 Mar 2013, 11:35 am
Toronto Family Law Lawyer Pei-Shing B. Wang When it comes to child support and spousal support payments, people react differently. Many honourable payors cut back on other expenses in order to make ends meet, while some others simply quit their jobs and claim inability to pay. In Ontario, the table child support payments under the … [read post]
5 Jan 2011, 10:35 am
The recognition of a foreign divorce in Canada is governed by the Divorce Act.* In particular, a foreign divorce is only recognized as valid in Canada if the following statutory criteria are met: A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision … [read post]
13 Jul 2011, 1:52 pm
Can you do anything you want in a separation agreement? In Ontario, the answer is no, even if the rules of natural justice are observed. In both the Family Law Act* and the Children’s Law Reform Act,^ the law stipulates that all domestic contracts, including separation agreements, are subject to the best interests of the … [read post]
26 Feb 2013, 1:08 pm
Limitation period is a legal term referring to the maximum time after an event that legal proceedings must be commenced. If the matter in dispute is not brought before the courts within that time frame, it will be barred and will be heard by the court.* In Ontario, the basic limitation period is two years. … [read post]
19 May 2010, 11:20 am
In family law contracts, including cohabitation agreements, separation agreements, and marriage contracts, if one party fails to disclose material financial information, the contract may be set aside by the court. However, it’s debatable whether a mutually accepted mistaken fact constitutes a failure to disclose.
In the recently published decision Butty v. Butty,* the Ontario Court of [...] [read post]
25 Mar 2013, 1:36 pm
Toronto Family Law Lawyer Pei-Shing B. Wang Under the law in Ontario, child support payments are always periodic (except for amounts owed in arrears), while spousal support payments may be made periodically or by lump sum, or both. Today’s blog discusses when lump-sum spousal support might be appropriate. There is a fundamental difference between spousal … [read post]
21 Feb 2013, 3:59 pm
As a family law lawyer, one of the hardest part of my job is to convince my clients to make complete financial disclosure. When either of the spouses refuse to cooperate to produce financial statements, it delays the process and wastes everyone’s time. It doesn’t if they are married or not. Financial disclosure is vital … [read post]
15 Feb 2013, 4:07 pm
12 Sep 2012, 3:21 am
Consent orders (or consent judgements), in which the parties formally consent to the sitting judge’s recommendations, are a routine part of family law cases. In many instances these orders are obtained during case conferences or settlement conferences. From time to time, the parties in a case agree to an order but later change their minds … [read post]
4 Oct 2012, 12:22 pm
In Ontario, the division of property when the marriage breaks down is called equalization. Equalization is a process where each of the spouses calculates his/her net family property following a set of rules under the Family Law Act.* At the end of the process, the spouse with less net family property is entitled to receive half the … [read post]
13 Sep 2012, 3:10 am
In the recent case of Jones v. Tsige decided by the Ontario Court of Appeal, the court recognized a right to sue for the invasion of personal privacy called “intrusion upon seclusion.”^ The facts are as follow. The defendant Tsige and the plaintiff Jones worked at the same bank, although the two of them did … [read post]
21 Jun 2011, 10:36 am
The Ontario Court of Appeal has ruled that the courts ought not to compel the Office of the Children’s Lawyer to provide service without giving the OCL an opportunity to decide whether it would become involved.* Under the Courts of Justice Act,^ at the request of a court the Children’s Lawyer “may” act as the … [read post]
24 Nov 2011, 4:42 am
Annulment of marriage in law is quite rare in Ontario. As opposed to a divorce, which dissolves a valid marriage, an annulment has the same effect as the marriage’s having never taken place. Annulment of marriages finds its statutory authority from the Annulment of Marriages Act (Ontario).* The statute is short, containing only 3 paragraphs. … [read post]
5 Oct 2011, 2:18 pm
A certificate of pending litigation (in legalese, also referred to as lis pendens) is a notice to third parties that interests in a piece of land are currently in dispute before the courts. The certificate of pending litigation may only be issued under a court order and is only effective in Ontario once properly registered.* Although … [read post]
14 Jun 2011, 1:03 pm
While the Family Law Act allows domestic contracts to be enforceable within the confines of the legislation, whether an agreement to agree constitutes a domestic contract is subject to judicial interpretation. In the recent decision of Ward v. Ward,* the Ontario Court of Appeal examined the issue of whether a Memorandum of Agreement (MOA) is … [read post]
21 Sep 2011, 1:42 pm
A spouse may not transfer away his or her properties in contemplation of death or separation. To do so offends the law.+ If there are grounds to believe that one spouse may deplete his or her assets in an effort to defeat the other’s entitlement under the Ontario Family Law Act, the court may make … [read post]
21 Nov 2012, 11:01 am
The Ontario Superior Court made a rare criminal contempt ruling recently against a husband litigant in a family law case by sending him to jail for 30 days.* This unusual finding of criminal contempt stemmed from the husband’s failure to preserve $310,000 from the sale of a piece of a commercial property, contrary to a … [read post]