Today I observed a very interesting case conference at the Ontario Court of Justice in North York while waiting for my matter to be called.
The couple at the heart of the case have been separated for a few years. There has been no custody order, but the 9-year-old daughter lives with Mom. That means Mom has [...]

In family law contracts, including cohabitation agreements, separation agreements, and marriage contracts, if one party fails to disclose material financial information, the contract may be set aside by the court. However, it’s debatable whether a mutually accepted mistaken fact constitutes a failure to disclose.
In the recently published decision Butty v. Butty,* the Ontario Court of [...]

Earlier this week the National Post reported this story that a woman is suing Rogers Wireless, Canada’s largest cellphone provider, alleging that the invoice for the service exposed her extramarital affair causing the breakdown of her marriage.
In a nutshell, the woman said that her husband left her after discovering her affair as revealed by the [...]

When I was in law school, I worked at an estate litigation firm that also took on elder law files relating to capacity issues. I came across lawsuits against nursing homes, live-in caretakers, hospitals, and psychiatric institutions. It’s not unheard of for the (usually wealthy) elderly to be manipulated by individuals who were supposed to [...]

For modest-income families with children, spousal support is hard to come by after the breakdown of the spousal relationship. There are several reasons for this.
1. Child support takes priority to spousal support.
Under both the Family Law Act* and the Divorce Act^, child support takes priority over spousal support if the payor is unable to [...]