Jul 20
Posted July 20, 2017
“Gender Expression” Now Protected for Kids by 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 ...
Posted July 17, 2017
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 ...
Posted July 13, 2017
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 ...
Posted July 12, 2017
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:
• You can negotiate a ...
Posted July 11, 2017
Not All Internet Evidence is Created Equally
Recently, I have touched on the issue of whether evidence taken from the Internet is reliable enough for the purpose of Family Law trials.
But as anyone knows who has ever spent time surfing the Internet – which is all of us -- there are websites, and then there are websites. Just because something is on the ...
Jul 6
Posted July 6, 2017
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 ...
Jul 5
Posted July 5, 2017
Wednesday's Video Clip: Russell Alexander, Family Lawyers
Our fees are based on the following elements:
(a) The time spent on your behalf, and the service which is performed;
(b) The complexities of the issues, and your potential emotional and monetary exposure;
(c) The results accomplished, and the extent to which the expertise of this firm contributed to a successful outcome;
(d) The degree and type of resistance encountered; ...
Jul 4
Posted July 4, 2017
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 ...
Jun 29
Posted June 29, 2017
Busted! Court Relies on Sworn Financial Statements from First Divorce to Value Assets During Second One
The husband was a 46-year-old, recently-separated businessman who met the 26-year-old wife when she was a junior at the law firm he used for his business matters and litigation. After they moved in together and he got a divorce from his first marriage, the wife left her job at the law firm to take care of the husband’s litigation and related corporate ...
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