Child support is the right of the child. The obligation to pay child support is an obligation the parent paying support owes their child. This is based on the idea that parents have a responsibility to pay for their children. A parent with custody of the child is typically already paying for the day to […]
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ASSUMPTION OF RISK-IS THE THRILL REALLY WORTH IT?
It was like having the life having sucked out of you. It’s just sliding down a cable. Maybe without a tour group, it’d be kind of fun. Maybe. Stan, South Park, TV: South Park 16.6 I Should Have Never Gone Zip lining When Deanna Loychuk and Danielle Westgeest booked their zip line adventure at Cougar […]
Read MoreCompensatory Spousal Support
Spousal support serves three purposes: To compensate the spouse with the lower income for sacrificing some power to earn income during the marriage To compensate the spouse with the lower income for ongoing care of children To help a spouse who is in financial need if the other spouse has the ability to pay[1] Spousal […]
Read MoreJones v. Tsige, A victory for the advancement of our rights to privacy under the law
Privacy, like eating and breathing is one of life’s basic requirements – Katherine Neville. From an early age, we are taught by our parents, teachers and role models to respect another person’s right to privacy. We expect, in return, to receive that same respect from others. Unfortunately, it has become obvious that some people have […]
Read MoreSurvivors Pension Benefits should not be Ignored Unfair vs Unconscionable
The Ontario Court of Appeal in its December 2012 judgment in Symmons v. Symmons reviewed a Trial decision that involved many complicated and interacting factors. In that case, the parties first lived together for almost 6 years, married in 1999 and separated 10 years later. However, the husband was 13 years older than his now […]
Read MoreFamily Law Unjust Enrichment Joint Venture Property Rights for Common Law vs Married Spouses
Elsewhere I have discussed the different property rights that exist between common-law and formally married spouses. They are not the same and continue to remain very different. Married parties are subject to the property scheme imposed by the Family Law Act. Grossly simplified, each of the spouses walk away from the marriage with an equal […]
Read MoreSurvivors Pension Benefits should not be Ignored
Unfair vs Unconscionable The Ontario Court of Appeal in its December 2012 judgment in Symmons v. Symmons reviewed a Trial decision that involved many complicated and interacting factors. In that case, the parties first lived together for almost 6 years, married in 1999 and separated 10 years later. However, the husband was 13 years older […]
Read MoreCOMMONLAW SPOUSES PROPERTY RIGHT LIMITATION PROBLEMS
We have discussed elsewhere the extremely complicated issue of the rights that commonlaw partners have against the other’s property in the event of a separation. Those rights are very different than those granted under the Family Law Act to married spouses. These commonlaw property rights are generally rights of equity or judge made law. One […]
Read MoreDISOBEYING A COURT ORDER CAN LEAD TO FINES OR EVEN JAIL
The courts, including those having jurisdiction over family law matters are an important representation of the state. When the court makes an Order, it is not one solely between the litigants, but more importantly, is viewed as an Order by the court itself. Failing to obey an Order of the court, can in certain circumstances […]
Read MoreMAHER (or also spelt as Mehr) ISLAMIC MARRIAGE CONTRACT ARE THEY ENFORCEABLE IN ONTARIO
Frequently, Muslims upon marriage will sign an Islamic Marriage Certificate, sometimes also titled a Marriage Contract. These are known as Mehrs. Mehrs will often contain a clause requiring the payment to the bride of a certain amount of money upon demand. These Mehrs will vary in the amount of the payment required but can contain […]
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