Court Procedure: Summary Judgments, Part 1

Court Procedure: Summary Judgments, Part 1

A summary judgment is when a court makes a judgment (a decision made for one party and against another party) without a full trial. A summary judgment can be made on an entire case, or on specific issues arising from a case. In this post, Xinya Wang, Fresh Legal summer intern, reviews the new approach to summary judgments and why changes were made.

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Equalization: Personal Injury Awards, Part 1

Equalization: Personal Injury Awards, Part 1

As discussed in a previous post, upon separation spouses calculate their net family properties, and an equalization payment is usually paid by the spouse with the higher NFP to the spouse with the lower NFP. The goal of this equalization payment is to equalize each spouse's NFP. When calculating your NFP, the Family Law Act sets out a number of different categories of property that are not to be included in the calculation. One category of excluded property is damages, or a right to damages arising from a personal injury. 

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Custody and Access: The Voice of the Child

Custody and Access: The Voice of the Child

This is one of the most common questions we receive from clients. Often it is asked with, "I heard that when my child is 12..." or "My child is 13, can he decide..." There are many misconceptions about at what age a child can decide where they want to live. This is because there actually is no age at which they get to decide.

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Spousal Support: A Primer on Entitlement, Amount and Duration

Spousal Support: A Primer on Entitlement, Amount and Duration

The law generally views spousal relationships (whether married or common-law) as financial partnerships. When this relationship breaks down the spouse with a higher income or more assets may be obligated to support their former spouse, which is known as spousal support. This post will cover a general overview of spousal support including who may be eligible, how it is calculated, and for how long it must be paid.

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Collaborative Family Law: Team Members

Collaborative Family Law: Team Members

Unlike litigation, where experts and outside professionals are hired by each individual party, and may engage in a "battle of the experts", your team consists of trained professionals chosen by you and your spouse together.  The collaborative family law process is holistic, meaning it recognizes and addresses the many different aspects of a separation.  At times, the best way to do that is to hire third parties.  All members of the team are bound by the Collaborative Participation Agreement, including confidentiality and the commitment to the process.

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Your Safety: Restraining Orders

Your Safety: Restraining Orders

Your separation may have been the result of domestic violence, or your spouse's behaviour may have become violent since the separation. It is not unusual for a spouse to feel they are in danger leading up to or following a separation. If you do not feel safe, you may want to apply for a restraining order against your former spouse. This post, by our intern, Xinya Wang, reviews what restraining orders are and some of the process around them.

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Preserving Assets: Non-Depletion or Non-Dissipation Orders

Preserving Assets: Non-Depletion or Non-Dissipation Orders

Sometimes when a marriage ends, one spouse may start selling their assets or spending money recklessly. In these situations, it is possible to apply to the court for an order preventing your spouse from disposing of their property. These orders are known commonly as "non-depletion orders." If the court believes that it is necessary for the protection of the other spouse's interests, it may make an order restraining the depletion of a spouse's property, and may also order the spouse to deliver the property into the possession of the court for safekeeping.

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Child Support: Retroactive Orders and Agreements

Child Support: Retroactive Orders and Agreements

There are two types of child support that deal with support that should have been paid in the past: retroactive and arrears.

The difference between the two is that arrears are only ordered when there is already an agreement or court order in place regarding child support.Retroactive support is ordered when there is no prior agreement or court order in place.

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