Family Law

When legally married spouses separate with no reasonable prospect that they will resume cohabitation, the spouse whose net, financial worth is less than the other is likely entitled to an “equalization” payment. An equalization payment is intended to balance and account for the inherent joint responsibilities, whether financial or otherwise, the spouses shared during the […]

Periodically I am appointed by the Superior Court (or the Ontario Public Guardian and Trustee) to act for the interests of an incapable person, who needs representation and support. Often this arises in disputes among family members over the incapable person’s power of attorney for either property or personal care, or both. This is a

No party in a Family Court case should presume he or she will be awarded his or her costs for the case. Generally, costs are only addressed by the Family Court at the end of the case, when the issues are decided on a final basis by either the Court or by settlement between the

If you are living common law, or hoping to do so, here are a few tips you should consider in terms of your relationship and what happens if it breaks down: Generally, you will be considered to be common law if you and your partner reside together for three years or more, or if you

In Ontario, grandparents face a challenge when they are denied access to their grandchildren. A new Ontario case Nicholas v. Herdman (2015) is a case in point. This case mostly affirms the traditional approach of the law to grandparents seeking time with their grandchildren. Here, their granddaughter was two years old. The parents would not

The case: Letoria v. R (2015) – a decision of the federal Tax Court of Canada By their Family Court Order, made on consent, Mom and Dad agreed to: 1. shared parenting of their child; 2. calculate what each owed to the other for Table child support (based on their respective incomes from all sources);