Posts tagged with: "family-digest"
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22 Nov 2012, 9:37 am
According to a recent judgement, even though a man is “nothing more than a wallet” to his adult daughter, he must still pay for her education.* After his eldest daughter cut him out of her life completely, the father in this case filed an application before the Ontario Superior Court to terminate his contribution to … [read post]
30 May 2012, 4:18 am
The government of British Columbia charges litigants a set of fees for use of courtrooms during trials. However, the days of these “hearing fees” may be limited. A B.C. judge recently found, in Vilardell v. Dunham, that the hearing fees charged by the government impose an impermissible barrier to litigants’ access to justice.* This ruling … [read post]
10 Jan 2011, 7:59 am
In Canada periodic spousal support paid to a former spouse is deductible from the payor’s income and taxable on the recipient. This is because it’s treated as expenditure for the payor and income for the recipient. Interestingly, a lump-sum support settlement is neither deductible from the payor nor taxable on the recipient because it’s treated as … [read post]
27 Aug 2012, 9:11 am
Shauna Prewitt was raped when she was 21. Impregnated by her rapist, she gave birth to a daughter. Subsequently she became an attorney advocating for rape victims.* Prewitt’s rapist sued for paternity rights. In her personal case the rapist father’s parental rights were terminated. However, other victims have not been so lucky. In some 31 states … [read post]
12 May 2011, 12:46 pm
Dr. Caratun married Mrs. Caratun to assist him in immigrating to North America to practise dentistry. Mrs. Caratun worked extremely hard over a number of years in Israel and Canada to assist him in reaching this goal. Two days after reaching it, he rejected Mrs. Caratun as his wife, at a time when family assets were … [read post]
6 Feb 2012, 8:36 am
The divorce involving the notorious convicted serial killer Russell Williams has taken another detour in the Court of Appeal.* Williams’s wife, identified only as M.E.H., obtained a publication ban and a sealing order by motion from the Superior Court of Justice on April 12, 2011. Various media outlets then intervened and appealed the publication ban.+ … [read post]
5 Sep 2012, 1:17 pm
While pregnant, the mother left Ontario for California. After giving birth in California, she decided to become a permanent resident there. What can the father do to secure his parental rights? More specifically, where should his suit be filed? In Dovgi v. Razi, the Ontario Court of Appeal provided guidance on whether an Ontario court … [read post]
16 Sep 2010, 11:08 am
Family Property division; maintenance Heidi Haugen appeals from a divorce judgment dividing marital property and setting maintenance. Haugen argues that the trial court erroneously exercised its discretion in: (1) valuing the business property awarded to Douglas Radix by allowing depreciation for repairs and the market downturn, while not reducing the value of residential property awarded to Haugen; [...] [read post]
10 Aug 2011, 5:33 am
What happens when a lawyer engaged to another lawyer cancels the wedding at the last minute? Your guessed right: a lawsuit. Earlier this year, the Chicago Tribune reported a story about a woman suing her ex-fiance for a called-off wedding. The woman claimed $62,814.71 in expenses for a wedding that never happened, including the wedding … [read post]
21 Jun 2012, 12:53 pm
The Ottawa Citizen reported today that an Ottawa man was ruled “too fat” to properly parent his children.* The children, ages 5 and 6, were taken from the man’s ex-wife’s house when she was sent to hospital following suspected overdose. The man has been fighting the Children’s Aid Society to regain custody of his children … [read post]
22 Nov 2012, 9:37 am
According to a recent judgement, even though a man is “nothing more than a wallet” to his adult daughter, he must still pay for her education.* After his eldest daughter cut him out of her life completely, the father in this case filed an application before the Ontario Superior Court to terminate his contribution to … [read post]
17 Apr 2010, 7:05 am
For modest-income families with children, spousal support is hard to come by after the breakdown of the spousal relationship. There are several reasons for this.
1. Child support takes priority to spousal support.
Under both the Family Law Act* and the Divorce Act^, child support takes priority over spousal support if the payor is unable to [...] [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]
24 May 2011, 1:47 pm
It is true that every marriage is different. Spouses can live apart while under the same roof, and they can cohabit even if they live in separate locations. Today I’d like to elaborate on what it means to live “separate and apart” for the purposes of getting a divorce. In Greaves v. Greaves,* the parties disputed … [read post]
3 Dec 2012, 12:10 pm
A B.C. woman, conceived using sperm from an anonymous donor, does not have the right to know the identity of her biological father, the B.C. Court of Appeal determined last week. Olivia Pratten was conceived through artificial insemination with sperm from an anonymous sperm donor in 1981. At that time, her mother and her father … [read post]
17 May 2010, 6:27 pm
Earlier this week the National Post reported this story that a woman is suing Rogers Wireless, Canada’s largest cellphone provider, alleging that the invoice for the service exposed her extramarital affair causing the breakdown of her marriage.
In a nutshell, the woman said that her husband left her after discovering her affair as revealed by the [...] [read post]
14 Mar 2013, 7:56 am
Toronto Family Law Lawyer Pei-Shing B. Wang Same-sex unions recognized in other jurisdictions are now recognized in Ontario as valid marriages, the Ontario Superior Court ruled earlier this year.* In jurisdictions such as the United Kingdom, same-sex couples are not allowed to be married but are nonetheless entitled to have their relationship recognized by the … [read post]
3 Dec 2012, 12:10 pm
A B.C. woman, conceived using sperm from an anonymous donor, does not have the right to know the identity of her biological father, the B.C. Court of Appeal determined last week. Olivia Pratten was conceived through artificial insemination with sperm from an anonymous sperm donor in 1981. At that time, her mother and her father … [read post]
14 Jan 2013, 8:49 pm
A recent high-profile divorce case gave us a glimpse into how portions of an otherwise valid marriage contract can be set aside because the unique sets of facts renders them invalid. Michael and Christine McCain were married for 30 years. Like many couples ending a long marriage, separating was not an easy task. At the … [read post]
4 Nov 2011, 4:32 am
When most people think of child abuse and neglect, a certain grim picture comes to mind. The neglected or abused child may be malnourished or suffering from psychological, physical, or sexual abuse. The recent case involving a family featured on the popular reality TV series Extreme Makeover: Home Edition raises an issue not commonly seen in child protection proceedings: … [read post]