Posts
Apr 4
Finlayson J takes on "Foreign Divorce ≠ Spousal Support" with broader read of FLA "spouse", which doesn't actually mention method of breakdown. Per SCC: “Stare decisis is not a straitjacket that condemns the law to stasis”: Rasaei v. Bahman 2025 ONSC 2074 https://canlii.ca/t/kbd6k
Apr 4
DivCt: There is no (legal) "prejudice" to sell matrimonial home pending trial just because you want to try to buyout and it's dependant on the as yet calculated equalization payment: Brohman v. Brohman, 2025 ONSC 1667 https://canlii.ca/t/kb9c9
Apr 4
For the books: ONCA on determining "date of separation" (which, for equalization - different from Divorce - is separate & apart + "no reasonable prospect"). Focus on Change. A bad or disappointing marriage ≠ separated: Kassabian v Marcarian 2025 ONCA 239 https://canlii.ca/t/kb9bv
Apr 4
Weekend read: Mandhane J on the role of restorative justice when making parenting (and ~111, child support) orders in the face of family violence: P.N.R. v. M.Y.R., 2025 ONSC 1802 https://canlii.ca/t/kb53n
Apr 3
You can run, but can you hide? Determination of what percentage of a costs order are applied as a "support order" per FRSAEA, post-facto, where payor declared bankruptcy on the day the award was granted: Wright v. Tolchard, 2025 ONSC 1945 https://buff.ly/Lsqch9g