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Recent Cases

Is the applicant a spouse in law and is the applicant entitled to support?

The definition of spouse for an unmarried party falls to s.29 of the Family Law Act, as well as supporting factors outlined in the relevant caselaw. In this case, the applicant filed claims for spousal support, alleging that she was a spouse because she met the definition outlined in the applicable legislation, and she pursued interim disbursements to help her finance her litigation. The respondent in this case responded with a motion for summary judgement claiming that the two were not spouses for family law purposes and that the applicant was not entitled to support. The respondent was successful with having the applicant's claims dismissed.

Which choice of school is in the best interests of a child in elementary school?

In this case, the parents disputed the choice of school for their daughter who was in elementary school and who was entering Grade 7. The father requested that their daughter attend a school which offered a French immersion program whereas the mother requested that their daughter attend a homogeneous French-language school. The court considered the best interests of the child, including the factors outlined in Thomas v. Osika at paragraph 37, including the parent's plan for the child's education and his or her commitment to carry out the plan, and the court ultimately decided in favour of the mother and her choice of school.

The pursuit of a retroactive variation of child support and a rescission of arrears

The father in this case requested the court to vary child support retroactively to 2010 based on a number of changes of circumstances that occurred between 2010 and 2017, including the fact that his son was no longer entitled to child support for years prior, and also because the father's employment status changed, including his employer, his job position, and his income. The father claimed that he overpaid child support and that arrears of child support should be rescinded. The father further pursued a partial rescission of spousal support arrears. The father was successful with his claims in court, and obtained orders favourable to his position .

Is a married spouse entitled to a beneficial interest in the matrimonial home?

The mother in this case initially obtained a restraining order against the husband which impeded him from returning to the matrimonial home which he owned himself. The mother resided in the husband's home post-separation with the children for over two years until she vacated the home by court order. The mother claimed at trial that she was entitled to a beneficial interest in the property and that she was entitled to share in the post-separation increase in value. The court considered the facts and law, and decided that the mother had no interest in the property, beneficial or otherwise, and that she was not entitled to share in the increase in value.

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