Domestic Contracts and the Ontario Matrimonial Property Regime – In Ten Minutes or Less (presentation given at the International Family Law conference)

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The Framework

In Ontario, matrimonial property is governed by the Family Law Act. Each of the provinces of Canada have family property legislation, some similar to Ontario…

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Why Mediate?

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Good communication is the foundation of a good divorce. If a separated couple can communicate effectively they will be able to parent their children well and likely resolve all their financial issues. The obvious…

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Trust Decision Uncovers Gap in Matrimonial Home Legislation

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A decision of the Ontario Court of Appeal has exposed a significant gap in the statutory protections for matrimonial homes in this province. Where a married couple share a matrimonial home there are many…

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The ties that keep binding…Sharing of post-separation income

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At what point after separation do former spouses truly have economic independence from one another? Child support obligations tie parents together until the children become independent adults. That may be a lengthy period of…

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Excluding a spouse from an estate: how little can you leave?

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The vexing question of what limits the law places on a spouse who wants to leave a surviving widow or widower without any inheritance has been addressed in a British Columbia Court of Appeal…

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Connecting judges in a connected world

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Parenting disputes are particularly complicated when families have ties to multiple jurisdictions. A fairly straightforward dispute about custody or a parenting schedule may be exacerbated by  a battle about which court has authority to…

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Court of Appeal affirms Mobility for Pregnant Women

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If a pregnant woman moves to another jurisdiction before the birth of the child, is that analogous to child abduction? The Ontario Court of Appeal has rejected this argument in Dovigi v. Razi (2012)…

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Failing to think around the corner– When Financial Planning and Divorce collide

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No one plans for a divorce, or perhaps it is fairer to say that few do. Many people do, however, try their hand at tax planning, estate planning, or creditor-proofing, often at the urging…

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Spousal Support in the Golden Years?

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Spousal support law seems to change with each generation. The last major transformation occurred in the early 1990s when the courts changed the approach from treating spousal support obligations as transitional and usually for…

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Homing in on residency requirements

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Family lawyers are seeing an increasing number of cases in which one party challenges the court’s ability to determine a case on the basis that it lacks jurisdiction. This is not surprising given…

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