Prejudicial Divorce

A recent decision from the British Columbia Supreme Court identified an often used excuse for not acquiescing to a divorce. In Gill v. Gill, Justice Ball presided over an application by a Husband to sever the divorce from the balance of the action and have the divorce granted. This is not unusual and [...]

2020-08-25T12:46:33-06:00August 27th, 2020|

Gifts vs. Loans in Matrimonial Property Division

In the current real estate market, it is becoming increasingly popular (or necessary) for young couples to rely on their parents when purchasing their first home. However, a thoughtful gesture by the parents can turn into a point of contention down the line if the couple gets a divorce. When considering matrimonial property [...]

2020-08-21T13:51:40-06:00August 24th, 2020|

Age-Appropriate Parenting Plans

When determining an appropriate parenting schedule for the first time, it is important to keep in mind that a child’s age and stage of development will impact their ability to adjust and thrive in their new circumstances. Perhaps contrary to popular belief, there is no presumption at law in Canada that parents should [...]

2020-08-20T09:08:02-06:00August 20th, 2020|

Arbitration Agreements: Important Considerations

Arbitration, a process by which an independent individual is appointed by the parties to make a binding decision on issues in dispute, is a great option for parties who wish to avoid court and the associated expense, uncertainty and publicity. The first essential step in an arbitration process is entering into the arbitration [...]

2020-08-12T13:31:46-06:00August 13th, 2020|

My Spouse Cheated! Can I Sue?

In Leung v Shanks, 2013 ONSC 4943, a common-law couple started dating in 2006 and moved in together in 2007. In May 2007, the couple began attending at a fertility clinic in the hopes of expanding their family. “Dr. P” became the treatment provider to the couple. The Defendant, Shanks, was a nurse [...]

2020-08-10T11:13:48-06:00August 10th, 2020|

Lump Sum Spousal Support – The Unicorn of Spousal Support Awards

Lump sum spousal support awards are a unicorn in family law. They are remarkably rare. However, two recent cases, one from the Ontario Superior Court and one from the Court of Queen’s Bench of Alberta showed us that unicorns do in fact exist. In Wardlaw v Wardlaw, Justice Le May of the Ontario [...]

2020-07-27T13:59:41-06:00August 5th, 2020|

Spousal Support Obligations and New Relationships

The court has fairly broad discretion when it comes to making an order for spousal support. Unlike child support, where the amount owing is calculated using a table, spousal support calls for the court to consider several different factors in determining the amount owing. The court must assess the means, needs and circumstances [...]

2020-07-27T13:51:50-06:00July 30th, 2020|

University Expenses For Your Adult Children, Post-Divorce

If you are going through a separation or divorce, you will likely hear the term "Section 7 expenses" or “extraordinary expenses” as a specific category of child support.  What expenses are you liable to pay, if any, for your adult children if they are attending post-secondary education?  Do you have an obligation to [...]

2020-07-29T08:32:06-06:00July 27th, 2020|

What is a “Child of the Marriage”?

A common misunderstanding is that child support ends when a child turns 18 years old. In reality, most parents of “adult” children know that their children do not magically become self-sufficient upon their 18th birthday, with many still being in high school or entering their first year of what can be many years [...]

2020-07-17T10:36:05-06:00July 23rd, 2020|