Limitation Periods: McConnell v Huxtable
On January 31, 2014, the Court of Appeal released a very important decision clarifying the law regarding the limitation period for bringing equitable claims for real and personal ... Read more
Insights & Education
Practical guidance from our Ontario family law lawyers — on divorce, decision-making responsibility, parenting time, support, and property equalization. Written for the people living through it, not the profession observing it.
On January 31, 2014, the Court of Appeal released a very important decision clarifying the law regarding the limitation period for bringing equitable claims for real and personal ... Read more
In this judgment of the Ontario Superior Court of Justice, Justice Kiteley reviews the law regarding whether an equalization claim creates an “interest” in land such that the ... Read more
In this judgement of Justice Horkins of the Superior Court of Justice, the court reviews the criteria for rewarding exclusive possession on an interim basis. At the time ... Read more
In this Motion before Madam Justice Vallee in the Ontario Superior Court of Justice on March 18, 2013, the court grappled with the issue of an assignment in ... Read more
In this judgment heard June 12-19, 2012 and released August 17, 2012, Justice Riley of the Ontario Superior Court of Justice, did not agree with Madam Justice MacPherson’s ... Read more
Background The husband and wife met in high school, were married for 30 years, and have three children. Their marriage was on the rocks for approximately four years ... Read more
This Ontario Court of Appeal case serves as a useful refresher on the proper approach to net family property deductions, exclusions, and tracing. Background Mr. and Mrs. Townshend ... Read more
This Court of Appeal decision affirms a 2012 finding and pays homage to the idea of justice served. The Applicant was wholly unsuccessful in his appeal of Justice ... Read more
In Chaudry, the Superior Court conducted a thorough review of the conflicting interests at play, where one party requests the interim sale of the home. This case also ... Read more
Under what circumstances, if any, does a spouse “own” on the date of marriage an entitlement to a severance payment that he or she later receives? Background The ... Read more
The equalization of net family property is one of the most contentious issues involved in matrimonial disputes. One of the factors that contribute to such contention is determining ... Read more
When a couple makes the decision to separate, one of the primary considerations involves deciding who will continue to reside in the matrimonial home. Some parties choose to ... Read more
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