What is the difference between being separated and being divorced?

May 7, 2019
Blog Post

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation.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.

Barwin Fertility Case – The Many Ways People Have Been Affected

October 23, 2018
Blog Post

The case of fertility doctor Norman Barwin has affected countless individuals and families across Canada. Nelligan O’Brien Payne first commenced a class action against Dr. Barwin in 2016, alleging numerous errors in his fertility practice, including that he used his own sperm to impregnate women during fertility treatment at his clinic. Alison Motluk from the HeyReprotech Newsletter has published a list of the various kinds of discrepancies we have seen arising out of Dr. Barwin’s fertility practice.

Five Common Myths About Child Support in Ontario

October 16, 2018
Blog Post

Child support is rife with myths, misinformation and misunderstandings about the law, which can create expectations for parents as to what they could owe or receive in child support. This post will explain some of the more common myths about child support, and set the record straight about the Child Support Guidelines.

Adoption and non-spousal relationships: Marta’s groundbreaking case

September 20, 2018
Blog Post

Earlier this week, a ground-breaking decision was released that involved our very own Marta Siemiarczuk. Marta assisted two women in a non-romantic relationship to apply to adopt a foster child in their care. She successfully argued that this law is discriminatory and infringed their rights guaranteed under section 15 of the Charter.

Polyamorous relationships and the best interests of the child

August 23, 2018
Blog Post
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The law is getting better at acknowledging and protecting family configurations that range beyond the nuclear, such as single parents and same-sex parents. However, there are some family units that the law has been slow to recognise. A case before the Newfoundland and Labrador Supreme Court looked at three adults in a polyamorous relationship.

Welcome, Ira Marcovitch and Emma Costain!

August 20, 2018
Blog Post

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.