Matrimonial Home Interest
If a person makes a greater contribution to the purchase of a Matrimonial Home, does this mean they are entitled to a greater interest in the home? In the summer of 2011, the parties each sold their respective homes. In October, 2011, they purchased a home and began residing together in it. This home became the matrimonial home when they married. The price was $1,125,000. Mr. Black...
Credit for Overpayment of Spousal Support
Is a person entitled to credit for overpayment of past spousal support and to termination of spousal support when the property issues between the parties have been determined? (1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and (2) Is your client...Inclusion of Common Shares in NFP as a result of an Estate Freeze
If a person owns preferred shares in a holding company, which owns a trust, does the entire value of the Trust form part of that person’s NFP? (1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and (2) Is your client entitled to credit for overpayment...Spousal Support After Equalization Payment
If a spouse receives a large equalization payment is she still entitled to spousal support? You informed me that your client is a stock trader who left his employment during the marriage to manage his own stocks. The value of his stocks exceeds $10 million. The stocks are the sole source of his income, by way of dividends and such. Your client splits income with his wife. Their combined income...Court Orders Without Prejudice
What is the meaning of a “temporary without prejudice” Order? Temporary order An interim order (“temporary” order in the language of the Family Law Rules) was described by Zuber J.A. in Sypher v. Sypher, 1986 CarswellOnt 282, O.J. No. 536, 2 R.F.L. (3d) 413, dismissing an appeal from an interim spousal support order: At the outset, it is appropriate to observe that interim orders are intended...Removing an Arbitrator During an Arbitration
I believe that I am not being treated fairly by an Arbitrator. Can I get him/her removed? Relevant Statutes Under Arbitration Act, S.O. 1991 s.6 No court shall intervene in matters governed by this Act, except for the following purposes, in accordance with this Act: To assist the conducting of arbitrations. To ensure that arbitrations are conducted in accordance with arbitration...Overnight Access For Toddlers
How do you determine overnight access for a non-custodial parent to a minor or a baby? In Sheppard v. Sheppard, the Newfoundland court considered an application for overnight access for a breastfeeding young child. The Court noted the following governing considerations at paragraphs 10-11: My duty at this juncture is to determine what is in the best interests of the child. In making this...Promissory Note – Is it an interest in Property?
Does a monetary deposit with a promise to transfer a property in the future, confirmed by a Promissory Note, constitute an interest in the property under the Family Law Act? This is indeed an unusual situation in that there are a number of ways that the issue can be approached. Frankly, I do not see any way that the wife can claim the husband has an interest in the property. There is no...
As a Father, What Are My Child Custody Rights?
Divorcing fathers always wonder whether they will be able to keep up a good relationship with their children going forward. While it’s still rare for a father to gain sole custody of his children unless the mother is proven unfit, the courts have come to see the importance of both parents’ presence in their children’s lives. That means that as a dad, you definitely do have the right to see...