Sep 21
Posted September 21, 2017
Use of Support Set-Off Calculations Costs Husband His $15,000 Tax Credit
The husband and wife separated in 2011. Based on their respective yearly incomes, they amicably resolved their issues as to child support by way of an agreement and consent order that was filed with the court. They reached an agreement on child support by using a software program which, as the court put it, ...
Posted September 20, 2017
https://www.youtube.com/watch?v=6y4McRjgZLs
Wednesday's Video Clip: How Base Child Support is Calculated
In this video we discuss how the Child Support Table in the Guidelines sets out the amounts of support to be paid, depending on the "gross income" of the paying parent and the number of children that the support order covers. Gross income means before taxes and most other deductions. The amounts to be paid are based on the average amounts of money that parents at various income levels spend to raise a child.
In simple cases, the table alone will determine how much ...
Posted September 19, 2017
Religious School’s Barring Child of Same-Sex Couple Not a Breach of Human Rights
In a perhaps-surprising decision of an adjudicator of the Human Rights Tribunal of Ontario, a Christian evangelical school that refused to admit the adopted son of a married same-sex couple was held not to have breached the anti-discrimination provisions of the Ontario Human Rights Code (the ...
Posted September 14, 2017
Child’s Aboriginal Heritage Not a “Super-Weight” Factor in Adoption, Court Rules
Recently I wrote about a Charter-based challenge to certain provisions of the Ontario Child and Family Services Act, where a Métis father claimed that provisions of that Act offended his child’s right to equality under the law. He claimed that because the term ...
Posted September 13, 2017
https://www.youtube.com/watch?v=RjNB_7rb7_M
Wednesday's Video Clip: 10 Ways to Get Information About Family Law
In this video we discuss how there are many professional people, organizations and other sources that can help you or provide information about family law issues:
1. An information centre specializing in family justice
2. A parent education course for separating parents
3. Duty counsel at a legal aid office
4. A community legal clinic
5. A university law school with a student-run legal information service
6. A law society or bar ...
Posted September 12, 2017
Was Parents’ Money a Gift or Loan? The Perils of Poor Documentation
Picture this not-uncommon scenario: The parents provide their newly-married adult daughter or son with a significant amount of money to put towards the down-payment of a first home.
All goes well until a few years later when that son or daughter, ...
Sep 7
Posted September 7, 2017
Should Aboriginal Heritage Trump Child Protection Needs?
In a recent child protection case, the court summed up nature of the proceedings with a definite air of gravitas:
This case is also about the equality rights of Métis children and their families in the child protection context in Ontario, and whether the provincial government is respecting those rights. It is an important opportunity for this province to demonstrate ...
Sep 6
Posted September 6, 2017
https://www.youtube.com/watch?v=t0OvsYKnnwQ
Wednesday's Video Clip: Confidentiality
In this video Russell discuss how all information you provide to your lawyer is completely private and confidential. All the details of your case will be handled with the utmost confidentiality and respect for your privacy.
The privilege of confidentiality between solicitor and client is, in law, a protection which belongs to the client. Therefore, it is up to the client, only, whether or not that confidentiality is to be waived.
Please remember this when your family members or ...
Sep 5
Posted September 5, 2017
Are “Pet Trusts” the Future of Canadian Law?
A little while ago I wrote about a recent B.C. pet-custody case called Brown v. Larochelle. This case falls in neatly with other Canadian family law decisions that hold, almost universally, that in a separation or divorce pets are considered “property”, and are not subject to any sort of order that grants either party “custody”.
The ...
Aug 31
Posted August 31, 2017
If Only One Person Says “It’s Over”, Is It Really?
Who gets to decide when a marriage or other relationship is over? Do both parties have to agree, in the eyes of the law?
That was one of the questions that the court had to ask in a case called Cammaroto v Cammaroto.
The facts were a little unusual: The wife wanted out of the dead-end marriage but could not get the husband to leave, likely because he was ...
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