April 12, 2013
by Jennifer Samara Shuber
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Restructuring is what family law needs, says the as-of-yet unreleased report from the Cromwell committee to Chief Justice McLachlin of the Supreme Court of Canada. No kidding. Haven’t family lawyers and parties been saying exactly that forever? I know I … Continue reading
March 28, 2013
by Sarah
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Our globalized economy has more and more families on the move with ties to a number of jurisdictions. Families migrate to follow business opportunities with ease. While a family is intact the question of where their real home is of … Continue reading
February 20, 2013
by Jennifer Samara Shuber
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In January 2013, an experienced Ontario family court judge, the Honourable Madam Justice Mesbur, ruled that a British civil union between a same sex couple would be recognized as a marriage in Ontario for the purposes of property division, support … Continue reading
February 6, 2013
by Sarah
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In the last two decades the Supreme Court of Canada has repeatedly turned to the different treatment of spousal relationships by federal and provincial legislatures. The Court has considered the rights of same sex couples to marry and the rights … Continue reading
November 20, 2012
by Jennifer Samara Shuber
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Carrigan v Carrigan Estate is a recent Ontario Court of Appeal case grabbing headlines. For family lawyers, the case underscores the importance of the domestic contracts, particularly the Separation Agreements, over whose drafting we toil. For the general public, the Courts’ … Continue reading
October 16, 2012
by Sarah
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Family law cases may take many years to work their way through the courts. Court delays vary widely across Ontario. In some parts of the province cases move to trial quite promptly but in many areas cases can drag on … Continue reading
September 5, 2012
by Jennifer Samara Shuber
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A family lawyer will help you deal with the legal fall-out resulting from a break-up. A therapist will help you deal with the emotional issues. But what do you do with the stuff? The wedding dress? The engagement ring? This … Continue reading
July 3, 2012
by Sarah
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A recent 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 legislated protections for the spouse … Continue reading
May 15, 2012
by Sarah
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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 of their financial planner or accountant. … Continue reading
April 24, 2012
by Jennifer Samara Shuber
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A matrimonial home has special treatment under Ontario law. Parties should be aware of the many ways in which a matrimonial home is treated differently from other assets, so that they can plan accordingly. Since only married spouses can have … Continue reading