Capacity and Divorce: The Role of Litigation Guardians

Capacity and Divorce: The Role of Litigation Guardians

A litigation guardian has authority to instruct counsel throughout litigation. They are presumed to make decisions in the best interests of the person under disability.  Can a litigation guardian obtain a divorce for an incapable person?  If so, what are the requirements?

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Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

Civil Damages and Divorce: The Tort of "Intrusion Upon Seclusion"

It’s important to respect your partner’s privacy, both during and after separation or divorce proceedings. While it may seem tempting to go through your partner’s personal emails, social media accounts, or financial records, according to a 2012 case from the Ontario Court of Appeal, your partner can now make a civil claim for invasion of privacy.

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Child Support: Voluntary Withdrawal from Parental Control

Child Support: Voluntary Withdrawal from Parental Control

When determining whether a parent owes an obligation to support their child, there are times when it must be determined whether the child has withdrawn from parental control. If it is found that the child has voluntarily withdrawn from parental control, the parent(s) will not be under an obligation to support the child.  It is widely accepted that a child's decision to withdraw from parental control is voluntary when they freely make the decision to leave the care and support of their parents and assume the responsibility of maintaining or supporting themselves.

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Child Support: Adult Children with Disabilities

Child Support: Adult Children with Disabilities

When a couple separates, marriage status can impact whether the children receive financial support. Never-married parents fall under provincial legislation, while married parents are under the federal Divorce Act. Sometimes, the type of legislation can produce different results.   In this post, our summer intern, Xinya Wang, from the University of Ottawa, discusses what a recent case that considered the constitutionality of the difference when it comes to child support.

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Collaborative Family Law: Your First Meeting

Collaborative Family Law: Your First Meeting

If you and your spouse agree to engaging in the collaborative family law process, the first step will be a four-way meeting with you, your spouse, and your lawyers. This can be a daunting prospect for many people. One of the best ways to prepare for your first collaborative family law meeting is being aware of what will happen.  In Ottawa, we generally follow a standard agenda. 

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Imputing Income: Intentional Under- or Unemployment

Imputing Income: Intentional Under- or Unemployment

There are cases of payor parents being intentionally under or un-employed, giving them an extremely low Table amount that can be unfair to both the other parent and the child(ren) in question.  If a parent is not earning as much as they could, then in some circumstances, the court may impute income to them. In other words, the court will say “you ought to be earning $X, you have no reason to be earning less, and so for the purposes of child support, we will use $X as your income to calculate child support.” 

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Marriage vs. Common-Law Relationships: Property and Support

Marriage vs. Common-Law Relationships: Property and Support

It is becoming increasingly common for people to choose to live together without getting married.  If you are considering this option, it is important to know the legal differences between the two relationships.  In this post, Jeffrey Sun, a Fresh Legal intern, outlines two factors you should consider: Property Division and Spousal Support.

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