The Impact of Delay When Making a Claim for Spousal Support
Both married and common-law spouses may be entitled to support following the breakdown of a relationship. While other claims in family law are subject to limitation periods (for example, a claim for equalization of property), there is no limitation period for bringing a claim for spousal support under either the Family Law Act or Divorce […]
The Importance of the Valuation Date in a Separation and How It Is Determined
In Ontario, when a married couple separates, the property accumulated during the marriage is to be equalized. The “valuation date” is the date upon which assets and liabilities will be valued as part of preparing the equalization calculation. Assets and liabilities will also be valued as at the date of marriage. In most family law […]
Planning for the Unexpected: Selecting Guardians for Minor Children
A survey from 2018 estimates that 51% of Canadians don’t have wills. Of those polled, 25% think they are too young, and 23% don’t believe they have enough assets for a will. Eight percent reported that they didn’t have a will because they did not want to think about dying. I have heard from parents with young […]
How Long Do You Have to Bring a Claim to Set Aside a Marriage Contract?
The court’s decision in the matter of F.K. v. E.A. 2019 ONCA 3707 rules on the issue of limitation periods concerning claims to set aside a marriage contract. The court found that the request to set aside a Marriage Contract is a “claim” for the purposes of section 4 of the Limitations Act, 2002 S.O. […]
The Family Pet: What Happens to Fido in a Separation?
The beloved family pet, referred to by some as a fur baby, is often viewed by its owners as being a member of the family; a loyal, loving companion that greets you at the door when you arrive home. But when a couple separates, what happens to poor Fido? How does the law view the […]
Contingency Planning in Business: Are You Prepared for the Unexpected?
When you are busy building a business, planning and preparing for the unexpected may be the last task on your long to-do list. It is a task that is easy to push into the future when there are seemingly more pressing and urgent matters to manage and address. Succession and contingency planning, however, is something […]
Providing for Disabled Beneficiaries: The Supreme Court of Canada and Henson Trusts
If you are preparing your will and you want to leave a gift for a beneficiary who is disabled, you need to ensure that you are receiving advice regarding the best way to provide for your loved one after your death. There are various ways to provide for a disabled beneficiary after your death. One […]
Living Arrangements Following Separation: Can I Make My Spouse Leave the Matrimonial Home?
Married spouses are each entitled to possession of the matrimonial home, even if only one spouse is the owner. Following a separation, living in the same house can be difficult and stressful. So, what can you do? Can you require your spouse to leave the house? The short answer is no, at least not without […]
Passage of Time and Parenting Arrangements: What Constitutes a Material Change in Circumstances?
If you have young children at the time of separation, the idea of a Court Order being “Final” is something of a misnomer, specifically as it relates to parenting. As children develop and their needs and circumstances change, parenting arrangements may need to be adjusted. This raises the question of whether the passage of time […]
