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Family

Imputing Income in Family Law

Written by on December 17, 2018.

Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your income tax return. But what if you’re self-employed, with a large amount of business deductions? What if you sold some property and have a large capital gain? What if you withdrew money from your RRSP? ...

The All Families Are Equal Act

Written by on December 05, 2018.

On January 1, 2017 Ontario enacted the All Families Are Equal Act (the “Act”). The legislation amends several existing Acts, including the Children’s Law Reform Act, to establish new rules related to parentage, with the goal to ensure equal treatment for all parents, no matter their sexual orientation, capacity to reproduce or the number of parents in a child’s life. The existing legislation prior to the enactment of the Act failed to address conception through assisted reproductive tec...

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Written by on November 06, 2018.

Frequently I meet with clients who inquire about having a Will prepared, given their separation.  They express concerns about their child(ren)’s future in the event something happens to them now that they are separated.  The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have questions about who will look after the property that you wish to leave to your minor child(ren) upon your death. In Ontario under the Children’s Law...

Changes to the Child, Youth and Family Services Act (CYFSA)

Written by on September 07, 2018.

A change has occurred this year in Ontario which impacts the delivery of child welfare services to children, youth and families. The Child, Youth and Family Services Act (CYFSA) came into force on April 30, 2018, with Part X scheduled to come into force in January 2020. The Child, Youth and Family Services Act (CYFSA) puts children and youth at the centre of decision making and supports more responsive and accessible service delivery to children, youth and families. Effective January 1, 20...

Marriage: Divorce or Annulment in Family Law?

Written by on May 01, 2018.

I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married.    The client asked how could they proceed to end their marriage. Should they have the union annulled or should they proceed to get a divorce? A very interesting question because there is difference between ...

‘Predator’ Spouse, Take Note of Hunt v. Worrod

Written by on April 10, 2018.

Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod.[1] Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predato...

How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?

Written by and on December 06, 2017.

When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance company in exchange for guaranteed tax-free payments for a specific number of years or for the recipient’s lifetime. While it is common to structure the payments on a monthly basis, the structure can als...

Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”

Written by on October 19, 2017.

In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as "income" not "property" for the purpose of calculating equalization and support. In Hunks v Hunks, the wife was injured in an accident during the marriage. A portion of the proceeds of her personal injury settlement were used to create a structured settlement/annuity for her, which provided her with monthly pa...

The Importance of Good Lawyer Advice in Family Law

Written by on March 21, 2017.

“Common sense seems to have gone out the window”  Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Legal Aid of Ontario. In Abdulaali and Salihi, 2017 ONSC 1609, both parties were being assisted by Legal Aid.  The wife by Duty Counsel on her day at Court and the husband had a lawyer funded by a...

How To Legally Change Your Child’s Name In Ontario

Written by on February 07, 2017.

Periodically a client will ask if it is possible to change their child’s last name, from their former spouses’ name to their own, for example changing the child’s last name to their maiden name so the child and parent have the same last name. Firstly to apply to change a child’s name you must have legal custody the child. Further there cannot be a Court Order or Agreement that prohibits the change of the child’s name. So carefully review your Court Order or Agreement to see if this ...