Enforceability of marriage contract considered

Article
November 13, 2017
Read Time: 3 minutes

For many years now, the issue of enforceability of a Maher marriage contract as well as its interrelationship with provincial family law property regimes has been considered by our courts. This issue was put before the Ontario Court of Appeal very recently in Bakhshi v. Hosseinzadeh, 2017 ONCA 838 and the court’s analysis of this particular Maher is worthy of review by those practising family law in Ontario.

Argument over who primary caregiver is rekindled

Article
September 18, 2017
Read Time: 3 minutes

An age-old argument around who a child’s primary caregiver is was recently rekindled in the Court of Appeal. The case, Porter v. Bryan, 2017 ONCA 677, dealt with mobility rights and the parents of a five-year-old boy.

Decision affects net family property

Article
June 26, 2017
Read Time: 3 minutes

A short but important decision came out of the Court of Appeal recently. In Ernikos v. Ernikos, 2017 CarswellOnt 6285, the court considered whether Minutes of Settlement relating to, among other things, equalization of net family property continued to be valid and binding on the parties after they reconciled and then separated again.

Spousal Support ruling worthy of study

Article
April 24, 2017
Read Time: 4 minutes

A recent case involving a motion to change spousal support is important to Ontario practitioners because it contains a good analysis of the use of Spousal Support Advisory Guidelines in support reviews and deals with the crossover between equalized pension income and unequalized pension income.

Case highlights retirement and spousal support

Article
February 27, 2017
Read Time: 4 minutes

High-income earners, long-term marriages resulting in compensatory support claims and retirement were the focus of the Court of Appeal decision in Schulstad v. Schulstad, 2017 ONCA 95. The decision was released earlier this month.

The multiplication factor: Prior relationships add expensive complexity to custody, support disputes

Article
May 27, 2016
Read Time: 3 minutes

In family law, we are seeing an increasing number of clients with multiple ex-spouses and children from past relationships. These clients bring with them new challenges for family lawyers. Family Law Lawyer, Paula Lester, explains how children from previous relationships can cause additional complexity to a client’s dispute regarding custody, access and support.

What does it mean to be a common-law spouse?

Article
March 3, 2016
Read Time: 3 minutes

Some of the most common questions I get asked when people find out I am a family lawyer are: ‘What am I getting into by moving in with my girlfriend/boyfriend?’ and ‘When/how do we become common-law?’. They’re pretty important questions.

All in the ‘Family’

Article
November 17, 2015
Read Time: 5 minutes

Many condominium declarations state that dwelling units can be used onlay as single-family residences (or words to that effect). Even if there is no such provision in the declaration, there may be such a provision in the condominium’s rules.

Court gets it right on imputing gifts to husband as income

Article
November 2, 2015
Read Time: 3 minutes

The Ontario Court of Appeal released a very interesting decision recently, Korman v. Korman, that deals with two important questions that will affect family lawyers’ advice on property and support issues. The first was whether the husband had a beneficial interest in a matrimonial home he had put into his wife’s sole name for the purposes of creditor proofing (and specifically, whether he could share in the increase in value of the property after separation). The second was whether the court ought to impute to the husband money his parents had consistently gifted to him throughout the marriage and after separation as income for support purposes.