Spousal Support: Retirement and Pensions, Part 2

Spousal Support: Retirement and Pensions, Part 2

In this post, Daniel Duyvelshoff, a Fresh Legal intern from the University of Ottawa law school, looks at Melis v Zwanenburg to see what a court considers before allowing double dipping. After 18 years of marriage, Caroline Melis and Cornelis Zwanenburg separated in 2006. In their divorce order, Cornelis received a substantial equalization payment from Caroline’s federal pension, and also received spousal support from Caroline. The court had to consider whether the unequalized portion of Caroline’s pension should be incorporated in calculating the amount of support of which Cornelis may be entitled.

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Court Procedure: Service by Facebook

Court Procedure: Service by Facebook

Social media is beginning to change the traditional practices of the legal system. Some uses of social media in legal system may be obvious: for example, using Facebook to collect evidence, or how oversharing on social media can have legal consequences. In recent Ontario court cases, however, social media has been used for a less obvious purpose: serving documents.  In this post,  Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses service by social media.

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Custody and Access: Stepparent Applications

Custody and Access: Stepparent Applications

We have previously written about grandparent access and the impact of recent amendments to the Children's Law Reform Act (CLRA). Recently, an Ontario case explored the issue of step-parent access. Unlike grandparents, step-parents are not specifically named in the CLRA.  However, they do have status in custody and access applications. In this post, Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, reviews the case of Agmon v. James and stepparent access generally.

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Proposed Changes to the Divorce Act, Part 2

Proposed Changes to the Divorce Act, Part 2

In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to relocating with a child after separation. The law on relocation as it currently follows the Supreme Court decision in Gordon v Goertz. Bill C-78 codifies and adds to these factors, including a notice provision, a burden of proof, and sharing access costs. This means that should Bill C-78 pass, it will impose a legislative framework for relocation that does not currently exist.

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Proposed Changes to the Divorce Act, Part 1

Proposed Changes to the Divorce Act, Part 1

On May 22, 2018, Bill C-78 had its first reading. This bill proposes several changes to the Divorce Act and related legislation. In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to the terminology for parenting after divorce and the best interests of the child. The bill also sets out a framework for parental relocation after a separation, which will be reviewed in Part 2 of this post.

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Court Procedure: Family Court vs. Small Claims

Court Procedure: Family Court vs. Small Claims

When starting a court proceeding related to an issue that stems from the breakdown of a relationship, most people will assume that they must bring their matter to the family courts. Sometimes, however, the matter can be brought as a civil claim in small claims court.  In this post, we will discuss the 2016 case of Pilon v. Lavigne 2016 ONSC 1965 and examine when matters should properly be brought in family court and when they should be brought in small claims court.

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Finances: Tips for Completing Your Financial Statement

Finances: Tips for Completing Your Financial Statement

The Financial Statement can be overwhelming when you first look at it, but is not as hard to fill out as it seems on first glance.  Before you start, find your latest paystub, your income tax returns and Notices of Assessment, and your bank statements and other financial documents from around the time of your separation.  Take a deep breath and tackle one part at a time. As you fill it out, here are some tips and answers to common questions.

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Finances: Disclosure From New Partners

Finances: Disclosure From New Partners

Your spouse may move in with someone new, and their partner may contribute to the overall costs/expenses of the household.  This might impact the amount of spousal support payable based on that contribution. In order to assess what impact re-partnering has on spousal support, some financial disclosure from the new partner may be necessary. In this post we will discuss the limits on how much disclosure you can request from your ex’s new partner with reference to a recent court decision dealing specifically with this issue.

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