Are you entitled to an unequal division of net family properties because of the short duration of a marriage?
The parties began living together in their jointly owned home in October, 2011; married in June, 2012; and separated in August, 2014. They were married for 25 or 26 months and cohabited for a total of about 34 months.
Section 5(6)(e) of the Family Law Act provides for unequal division...
Can a temporary Order be varied prior to trial (if not change in circumstances)?
Your client had a lawyer and agreed to “set off” support, when the Wife should be paying support to him.
Varying a temporary order prior to trial with no change in circumstances
I don’t see any real possibility of varying Justice Stewart’s order unless the underlying consent can be attacked. See paragraphs...
If a person makes a greater contribution to the purchase of a Matrimonial Home, does this mean they are entitled to a greater interest in the home?
In the summer of 2011, the parties each sold their respective homes. In October, 2011, they purchased a home and began residing together in it. This home became the matrimonial home when they married. The price was $1,125,000. Mr. Black...
Is a person entitled to credit for overpayment of past spousal support and to termination of spousal support when the property issues between the parties have been determined?
(1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and
(2) Is your client...
If a person owns preferred shares in a holding company, which owns a trust, does the entire value of the Trust form part of that person’s NFP?
(1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and
(2) Is your client entitled to credit for overpayment...
If a spouse receives a large equalization payment is she still entitled to spousal support?
You informed me that your client is a stock trader who left his employment during the marriage to manage his own stocks. The value of his stocks exceeds $10 million. The stocks are the sole source of his income, by way of dividends and such. Your client splits income with his wife. Their combined income...
What is the meaning of a “temporary without prejudice” Order?
Temporary order
An interim order (“temporary” order in the language of the Family Law Rules) was described by Zuber J.A. in Sypher v. Sypher, 1986 CarswellOnt 282, O.J. No. 536, 2 R.F.L. (3d) 413, dismissing an appeal from an interim spousal support order:
At the outset, it is appropriate to observe that interim orders are intended...
I believe that I am not being treated fairly by an Arbitrator. Can I get him/her removed?
Relevant Statutes Under Arbitration Act, S.O. 1991
s.6 No court shall intervene in matters governed by this Act, except for the following purposes, in accordance with this Act:
To assist the conducting of arbitrations.
To ensure that arbitrations are conducted in accordance with arbitration...
How do you determine overnight access for a non-custodial parent to a minor or a baby?
In Sheppard v. Sheppard, the Newfoundland court considered an application for overnight access for a breastfeeding young child. The Court noted the following governing considerations at paragraphs 10-11:
My duty at this juncture is to determine what is in the best interests of the child. In making this...
Does a monetary deposit with a promise to transfer a property in the future, confirmed by a Promissory Note, constitute an interest in the property under the Family Law Act?
This is indeed an unusual situation in that there are a number of ways that the issue can be approached. Frankly, I do not see any way that the wife can claim the husband has an interest in the property. There is no...
