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Tax Implications of Divorce
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Spousal Spying
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Wednesday’s Video Clip: Ontario Divorce without Courts: Introduction to Collaborative Practice

Posted June 7, 2017


Wednesday's Video Clip: Ontario Divorce without Courts: Introduction to Collaborative Practice

Collaborative Divorce, also known as "Divorce without Courts" or Collaborative Practice, is a new way for lawyers to help resolve your marital dispute respectfully, and without Courts. In Ontario, Lawyers can help negotiate divorce settlements, while maintaining open communication and creating a shared solution between ...

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Wife Didn’t Get “Wish List”, But Pre-Nup Still Upheld

Posted June 5, 2017

Wife Didn’t Get “Wish List”, But Pre-Nup Still Upheld

The husband, who was a wealthy 50-year-old man, met the 42-year-old wife online at MillionaireMatch.com. Their first face-to-face meeting was in Las Vegas, and after a short long-distance courtship decided to marry. It was his third marriage; it was her first.

The husband asked the wife to sign a pre-nuptial agreement, which she did 10 days before the wedding ...

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“The Path to a Successful Divorce” – Available in Print Today!

Posted June 1, 2017

Russell Alexander's new book, "The Path to a Successful Divorce," is now available in print beginning today. Already a No. 1 bestseller on Amazon, Alexander's new book takes readers step-by-step through the process from finding a lawyer to handling post-litigation issues. This is Alexander's first book and one of the few that touches on Ontario divorce law.

In 300-plus pages, "The Path to a Successful Divorce" aims to give readers a ...

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Wife Gets Husband’s Cats and Dogs in the Divorce

Posted June 1, 2017

Wife Gets Husband’s Cats and Dogs in the Divorce

Recently, an older case with an interesting issue came to my attention: Based on the underlying premise that family pets are property, can a court order pet custody to be transferred as part of a divorce?

In Grimalyuk v. Concelos, the couple lived together for three years, and then got married. About three months into the marriage, the husband started to get physically and ...

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Wednesday’s Video Clip: Child Support in Ontario – Introduction to Child Custody

Posted May 31, 2017


Wednesday's Video Clip: Child Support in Ontario - Introduction to Child Custody

In Ontario, like other jurisdictions, both parents have a responsibility to financially support their children. For the spouse without custody, the amount of child support that must be paid is based on income and the number of children. In this short video clip we talk about custody and answer questions many people have about child ...

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Two Properties, or One? Justice Pazaratz Sorts It Out – For Now

Posted May 29, 2017

Two Properties, or One? Justice Pazaratz Sorts It Out – For Now

Here’s another noteworthy ruling by Justice Pazaratz – and one that was ultimately reversed on later appeal. Written in his inimitable style, the judgment begins this way:
You wouldn't think the singular or plural should be so complicated.
Property.
Properties.
The same word. Add an "s".
You really wouldn't think that in a nine day trial, ...

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Representing Yourself and Asking for Legal Costs? Read this First

Posted May 25, 2017

Representing Yourself and Asking for Legal Costs? Read this First

Recently I wrote about a ruling on costs where a self-represented litigant was awarded significantly more in legal costs, than she had requested after trial.

That case, called McMurter v. McMurter, gave the court an opportunity to revisit some of the prior authorities on the issue, and to set out the principles that apply to awarding legal costs to ...

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Wednesday’s Video Clip: Obligations to Pay Child Support Even with Undue Hardship

Posted May 24, 2017


Wednesday's Video Clip: Obligations to Pay Child Support Even with Undue Hardship

In this video we review a court decision in which the court confirmed that a father was still obligated to pay support for his two children from a first marriage even though: 1) he no longer had a relationship with them; 2) he had a new family (and two other small children) to support; and 3) the child support obligation would cause him undue ...

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Evidence from the Internet – Is It Good Enough for Court?

Posted May 22, 2017

Evidence from the Internet – Is It Good Enough for Court?

In a case I reported on recently called Caine v. Ferguson the father claimed that his income was too low for him to pay child support for his daughter. The court considered evidence designed to refute his claim, put forth by the opposing side and taken from various U.S. music-industry-specific websites. The court wrote:
[The lawyer] submitted that the [father] ...

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Spousal Support Advisory Guidelines – Are They a Package Deal?

Posted May 18, 2017

Spousal Support Advisory Guidelines – Are They a Package Deal?

In a decision called Mason v. Mason, the Ontario Court of Appeal considered a narrow legal question: Is a judge entitled to use the Spousal Support Advisory (SSAGs) for partial purposes, but disregard it for others? And if the judge departs from using the SSAGs, must he or she give specific reasons for doing so?

The Masons were a husband ...

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