The recent case of Cosentino v. Cosentino has an interesting treatment of contingent tax liabilities owing at separation. The decision confirms the willingness of courts to discount even tax liabilities where, at the date of separation, they are uncertain. In the Cosentino case the tax liability did not exist at the date of separation, but […]Continue reading
Married spouses share in any increase in the value of family property between the date of marriage and the date of separation. When the marriage ends, the spouse with the lower Net Family Property receives a payment for one-half the difference in the two. That means an equalization payment. The debt that a spouse brings […]Continue reading
We don’t like worrying about the future. We don’t want to think about what happens to our house or money after we’re gone. But what about our loved ones? Our loved ones will have enough to worry about. If the worst happens, we can make life easier for them by planning ahead. We have practiced estate law for years. […]Continue reading
I was recently involved in a case where the court awarded costs for “unbundled legal services” to a self-represented litigant. The case is Jordan v. Stewart. The decision on the issue of costs is set out in supplementary reasons. After succeeding at trial, the court allowed the acting in person mother her costs of $90,000.00. […]Continue reading
Same sex couples from abroad who have married in Ontario face a one year residency requirement before seeking a divorce in the Province. Under Canada’s Divorce Act, an applicant must meet a residency requirement of one year in the Province in which before the remedy is requested. The issue has been challenged in the Courts.
There are new child support tables effective January 1, 2012. The new tables can be accessed at the Department of Justice’s website.
Justice Brownstone of the Ontario Court of Justice recently wrote on the state of law on joint custody in Ontario. In the case of Hsiung v. Tsioutsioulas, Justice Brownstone wrote:  I am acutely aware that an order for joint custody should not be made in cases where the parents […]Continue reading
The Elgners separated in 2007 after 33 years of marriage. Their children were grown. They were successful and had accumulated a lot of assets over their marriage. The former couple gained notoriety in 2009 when Justice Greer made the highest temporary spousal support order in Ontario. The Court ordered the husband to pay the wife […]Continue reading
In Gagne v. Gagne, the Court of Appeal set aside the trial judge’s decision and made its own child and spousal support order after finding that the trial judge had failed to determine the support payor’s income. As a result there was no basis in his decision for the amounts ordered. The Court of Appeal […]Continue reading