There are several reasons why mediation is usually a good option for a resolution of the issues arising from the parties separation, namely, as follows: (more…)
The Spousal Support Advisory Guidelines are not legislated guidelines. Although they assist family lawyers and the courts in determining the appropriate range of spousal support in a case, the SSAG are not binding on a court. A judge has the inherent discretion to determine what he/she considers the appropriate quantum of support. In Fisher v. Fisher, the Ontario Court of Appeal held that...
The courts have held that an Applicant for spousal support, must demonstrate the following in order to qualify for interim (ie. temporary support): (more…)
A separation/ Divorce is a very traumatic event. It is important to find a Family/Divorce lawyer that you can work with and assist you during this difficult time in your life. Some lawyers are willing to listen to your feelings while others are strictly business. You have to decide which type of lawyer you want. (more…)
Our office recently acted for the Wife in the decision of Molina v. Molina 2011 CarswellOnt 3569 (Ont. S.C.J.). In this case, the Husband breached several court Orders. As a result, we brought a motion to strike the Husband’s pleadings for not complying with the Orders. (more…)
A court has limited jurisdiction to vary a final Order for spousal support on a temporary basis (Crawford v. Dixon 14 RFL (5th) 267 Ont SCJ). The moving party must demonstrate that he/she has a prima facie case, there must be a clear case of “hardship or urgency and the applicant must come to court with clean hands”. The court will look at the means of the parties and determine if...
This is a difficult issue for a lot of payors. However, a party has to recognize that a marriage is a partnership. Once the partnership breaks down one party may have to compensate the other party. (more…)
