Publications
Every Moment is a Fresh Beginning…unless it involves a Resulting Trust!, Jonathan R. Luna
G.M.C. v. A.M.F., 2018, 2018 ONSC 2704 (CanLII)
“Every moment is a fresh beginning” - T.S Eliot, The Cocktail Party Its fair to say that when T. S. Eliot wrote this famous line from his Tony Award winning play The Cocktail Party, he wasn’t exactly thinking about unmarried couples involve...
Read MoreSpousal Support Holiday? Vacation’s Over! – ONCA Response to Departure from SSAGs, Jonathan R. Luna
McKinnon v. McKinnon, 2018 ONCA 596 (CanLII)
The Ontario Court of Appeal has again made it clear in another decision that while they are not technically legislated nor binding, the Spousal Support Advisory Guidelines (“SSAGs”) are more than a useful reference point that should not be devia...
Read MoreThe Might of the God’s – A Warning Regarding Uncontested Family Trials, Jonathan R. Luna
Kowalsky v. Asselin-Kowalsky, 2018 ONCA 539 (CanLII)
“slow but sure moves the might of the gods” -- Euripides All parties deserve finality in their legal proceedings. It’s a basic principle derived not only from precepts of natural law but is firmly grounded in the practical realities of movi...
Read MoreInterim Spousal Support – The ‘Stop Gap’ Measure, Jonathan R. Luna,
Blackstock v Comeau, 2018 ONSC 193 (CanLII)
While there are many factors to be considered when addressing the issue of spousal support, the courts have repeatedly made clear that the analysis required for interim spousal support is quite distinct from that typically considered at trial. In...
Read MoreHamilton Law Association’s Family Law Seminar, Kathleen Bingham and Felicity Sattan
By Kathleen Bingham and Felicity Sattan
The Hamilton Law Association’s Family Law Subcommittee hosted the Family Law Seminar on October 29, 2020. The Program Chair, Kathleen Bingham, and Planning Committee members Imran Kamal, Whitney Smith, and Amy Katz put together a fantastic vi...
Read MoreWhat is a prenuptial agreement?
Legal Matters
Question What is a prenuptial agreement? Answer The Family Law Act permits parties to enter into “prenuptial agreements” or marriage contracts as they are called in Canada, that protect their assets and finances should their m...
Read More Download PDFWhat happens to my business if I separate from my spouse?
Legal Matters
Similar to the treatment of any other asset, businesses that are owned by a spouse are assets which must be included in their net family property to calculate the equalization payment / property division required when spouses separate. However...
Read More Download PDFWhat happens to my home if I separate from my spouse?
Legal Matters
Question What happens to my home if I separate from my spouse? Answer Parties (or the Court) will most frequently sell the home and split the proceeds equally. However, if one spouse owes the other a payment to...
Read More Download PDFVariations and the Spousal Support Advisory Guidelines
Darryl A. Willer
The Ontario Court of Appeal in the decision of Gray vs. Gray, 2014 CarswellOnt 13066 (ONT. C.A.) has issued yet another ruling which clarifies the applicability of the Spousal Support Advisory Guidelines within the context of a s...
Read MoreGifts and Inheretence
Legal Matters
Question I received a gift during my marriage. Do I have to share it with my spouse now that we are separated? Answer Under the Family Law Act, married parties each calculate the growth in their net worth over the course of...
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