Category: Case law

Case law: Property division and spousal support

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Halliwell v. Halliwell, 2017 CarswellOnt 6391, 2017 ONCA 349 (Ont. C.A.), varying 2016 CarswellOnt 108, 2016 ONSC 182 (Ont. S.C.J.). The parties in this case were married for 32 years, during which time they were involved in several successful businesses.

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Case law: Domestic contracts and financial disclosure

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Virc v. Blair 2014 ONCA 392: The wife in this case is a lawyer. She met her husband when she became involved as litigation counsel to his company. They began living together in 1992. In 1993, the wife left her

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Case law: Life insurance, will and family law obligations

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Dagg v. Cameron Estate 2017 ONCA 366: This case is a good illustration of how family law issues can continue long after the case has been initially resolved — in this case, beyond the death of one of the parties.

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Case law: Privacy of child’s OCL records

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Ontario (Children’s Lawyer) V. Ontario (Information and Privacy Commissioner) 2018 ONCA 559: This case, eventually decided by the Ontario Court of Appeal earlier this year, addresses the privacy of children’s records kept by the Office of the Children’s Lawyer. A

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Case law: Withdrawal from parental control

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R.G. v. K.G. et al. [Indexed as: G. (R.) v. G. (K.)], 136 O.R. (3d) 689:  When they separated, the parents of G entered into an agreement that the father would have custody of her until her 18th birthday and the

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Case law: Child support variation for adult children

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Colucci v. Colucci, 2017 ONCA 892: This Court of Appeal decision established that the court has jurisdiction to vary child support under s.17 of the Divorce Act even after the children are over the age of 18 and therefore no

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Case law: Parental alienation

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Fiorito v. Wiggins, 2017 ONCA 765:The mother and father married in 1998, separated in 2008 and have three children together. This is a case of parental alienation on the part of the mother and the use of bankruptcy proceedings by

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Case law: Equalization, spousal support and costs

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Berta v. Berta 2017 ONCA 874:  The parties were married for 27 years, from 1982 to 2010. They had no children. They owned equal shares of a business created by the husband during the marriage. When they separated in March 2010,

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Case law: Variation of spousal support

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Black v Black 2015 CarswellNB 449: This is a Court of Appeal decision from New Brunswick, involving a marriage of just over 8 years, with no prior cohabitation and no children. The Court of Appeal characterized it as a short-term

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Case law: Setting aside a marriage contract

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Shair v Shair 2015 CarswellOnt 14332: Mr. and Mrs. Shair signed a marriage contract a month before they got married in 1996. When they separated some years later and the husband sought a divorce, the wife brought a motion to set

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