Personal Injury Structured Settlements: Are They “Property” or “Income” Upon Divorce?
In a recent family case called Hunks v. Hunks, the court considered whether structured settlements – such as the type that are reached as part of a personal injury claim – are considered “property” or else “income” for the purposes of the property-division and equalization regime under the Ontario Family Law ...
In what is perhaps a controversial move, the Ontario government has recently passed legislation to allow children to be removed from their parents who opposed the child’s expression of “gender identity” or “gender expression”.
The Supporting Children, Youth and Families Act of 2017 received Royal Assent on June 1, 2017. Once passed, it will change ...
Wednesday's Video Clip: Enforcement of Child Support in Ontario
In this legal video, we discuss how enforcement in Ontario is done through a provincial government office called the Family Responsibility Office (FRO). The court automatically files all support orders made after July 1, 1987 with the FRO. Separation agreements can also be filed there if they have been filed with the court and then mailed to the FRO.
Do Partnership Principles Apply to Deciding Who Gets the Dog in a Split?
The legal issue of who owns the beloved family pet after separation or divorce has been covered many times by the courts across the country. As I reported previously on a case called Henderson v. Henderson, the Canadian position is clear: “a dog is a dog. At law it is property, a domesticated animal that is owned. At law it enjoys no ...
Untangling Financial Information – By Guesswork and Extrapolation
Although it’s a relatively short little ruling, the decision in Yahya v. Omar gives a glimpse of the type of judicial guesswork that goes into determining a separated couple’s income and earning capacity for the purposes of determining their respective spousal and child support obligations to each other.
The parents lived together common-law for over 15 years, and had three children ...
Wednesday's Video Clip: The Difference Between Separation and Divorce in Ontario
A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to discuss custody, access and child support with your spouse. You may also need to work out issues dealing with spousal support and property. You can resolve these issues in different ways:
Grandparents Battle It Out for Custody – Should Kids Stay Put Until After Appeal?
The mother of two children had died in 2013. About a year later when the father was no longer able to care for them, he handed the children over to his step-parents (who are nonetheless the children’s paternal grandparents by law).
However the maternal grandparents, who lived in British Columbia, also expressed an interest ...
Financial Disclosure: If One Spouse is Dishonest, Must the Other Actively Investigate?
In a case I reported on last week, called Virc v. Blair, the husband had deliberately and materially misrepresented the value of the corporations that he brought into the marriage, which eventually came to light upon the couples’ separation.
Although the matter resulted in the court re-calculating the parties’ equalization ...
FamilyLLB is written by Russell Alexander, a divorce and family law lawyer based in Ontario, Canada. For nearly twenty years, Russell's firm has helped clients who are going through a separation or divorce. You can find more of Russell's online commentary via Twitter, Google+, LinkedIn, or on the firm's Facebook page.