Misrepresentation and Retroactive Child Support – how far back can you go?

Blog Post
July 3, 2019
Read Time: 2 minutes

What happens if your former spouse misrepresented income when previously determining child support obligations? How many years back can you claim retroactive child support or a variation in support? Read as family lawyer Ira Marcovitch explains: In Ontario, child support is governed by a combination of the Divorce Act, the Family Law Act, and the… Read more »

What is the difference between being separated and being divorced?

Blog Post
May 7, 2019
Read Time: 1 minute

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation. This means that you can be married and separated at the same time. In fact, in almost all cases, you have to have been separated from your spouse for at least one year before you can divorce. A divorce legally ends the marriage and allows former spouses to remarry.

I have a mental illness. Will this impact my custody or access claim?

Blog Post
March 22, 2019
Read Time: 3 minutes

One in five Canadians will experience a mental health problem or illness in any given year. Roughly eight percent of adults will have major depression at some point in their lives, and anxiety disorders affect around five percent of the household population.

Welcome, Ira Marcovitch and Emma Costain!

Blog Post
August 20, 2018
Read Time: 1 minute

The Family Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce two new members of the team, associate lawyers Ira Marcovitch and Emma Costain.

Can an embryo be treated as “property”?

Blog Post
August 3, 2018
Read Time: 3 minutes

It is estimated that around 16 per cent of couples in Canada experience infertility, and more and more people are turning to assisted reproduction to form their families. This can bring with it a whole raft of new legal issues. A recent precedent-setting case by the Ontario Superior Court of Justice, S.H. v. D.H., looked… Read more »

Bill C-78 – Modernizing Family Law in Canada

Blog Post
May 25, 2018
Read Time: 1 minute

What is Bill C-78 and how does it update divorce law in Canada? Our latest Family Law blog post looks at the introduction of this bill, and what changes it proposes to family law legislation.

Separating love from business: Legal tips on how to manage your assets alongside family life

Blog Post
May 7, 2018
Read Time: 4 minutes

The balance between life and work has long been a struggle for professionals. And things tend to become all the more complicated when assets – whether in the form of company shares, investments, real estate or otherwise – are brought into the equation. While most people don’t enter into a romantic partnership planning for it to end, breakups nevertheless do happen. And when not managed properly, they can be financially devastating.

The Right to One’s Image – Privacy Laws in Quebec

Blog Post
April 23, 2018
Read Time: 3 minutes

The civil remedies available to deal with the problem of “revenge porn” are still in their early stages of development in Ontario. By contrast, the principles applicable to these cases have been settled for quite some time in Quebec. This post looks compares Ontario privacy law with the law in Quebec.