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Property Disputes and Trusts in Common-Law Relationships

In the recent case of Aghdasi v. Asiyaban, 2024 ONSC 3472, the Ontario Superior Court of Justice addressed a complex property dispute between former common-law partners Halime Khatoun Aghdasi and Vahid Mehdizadeh Asiyaban. Halime and Vahid were in a common-law relationship from 2002 to 2017. They jointly and separately acquired various properties, some in their names and some through their company. The case centers on disputes over two properties: Claims: Court’s Findings: Main Takeaways: Decision: The Read more…

By Heleysh, ago

High-Conflict Parenting Case: Balancing Allegations and Best Interests

A recent ruling from the Ontario Superior Court of Justice in Carey v. Carey, 2024 ONSC 2887 (CanLII) highlights the complexities and challenges in high-conflict parenting disputes. In this case, the father (Applicant) seeks to alter the existing parenting order due to alleged interference by the mother (Respondent) in his relationship with their two children. The mother counters, claiming the children’s resistance to their father is due to his alleged abusive behavior, including an incident Read more…

By Heleysh, ago

Short Marriage, Big Property Dispute

In the recent case of Afatmirni v. Sharifi, the Ontario Superior Court of Justice tackled the complexities of property division following the breakdown of a short marriage. Justice Alex Finlayson presided over this case, which revolved around the division of net family property and the ownership of a mixed-use condominium. Background: Amin Afatmirni and Marjan Sharifi were married briefly, with no children from the union. Financial disputes arose following their separation, particularly concerning the division of property Read more…

By Heleysh, ago

Navigating High-Conflict Custody: A Complex Case of Parental Alienation and the Best Interests of the Child

Introduction The McEniry v. Laird case, involving Brendon McEniry and Katherine Laird, offers a detailed examination of high-conflict custody disputes and parental alienation. Married in 2008, the couple had two children: Abigail (“Abi”) and Samantha (“Sammy”). The separation in January 2014 marked the beginning of a prolonged period of litigation and familial discord. The Office of the Children’s Lawyer (OCL) has intervened multiple times, highlighting the severity of the case. Key Developments Allegations of Parental Read more…

By Heleysh, ago

Income Imputation – Not So Easy!

In the case de Pimentel v Rodriguez, 2024 ONSC 2844, the Ontario Superior Court of Justice reviewed an uncontested family law application involving complex issues of spousal and child support, financial disclosure, and property division. Key Facts and Issues: This case highlights the complexities of family law, especially in situations involving financial abandonment, and underscores the court’s reliance on solid evidence for fair adjudication. For more details, you can read the full decision here.

By Heleysh, ago

All About Disclosure

In Frost v. Frost, 2024 ONSC 2594 (CanLII), <https://canlii.ca/t/k4ggj> the Ontario Superior Court dealt with a motion brought by the Respondent regarding alleged breaches of court orders and non-compliance with Family Law Rules (FLR) regarding disclosure. The Respondent seeks an order for disclosure and costs. The Applicant opposes the motion, asserting compliance with disclosure requirements. The parties were married and are now separated, with outstanding issues concerning equalization and spousal support, involving significant financial sums. The Read more…

By admin, ago

What Is a Matrimonial Home?

What is so special about the matrimonial home? Under family law, the matrimonial home is treated with special rules. But what is a matrimonial home? In Ontario, under s. 18(1) of the Family Law Act[1], the matrimonial home is defined as: “Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse Read more…

By admin, ago

Divorce Act Changes

In the summer of 2019, Parliament made a number of changes to the Divorce Act through Bill C-78. The changes came into force on March 1, 2021. On the Department of Justice website, there are detailed descriptions and explanations of all the changes. An overview of some of the most significant changes is provided below.  Changes to Language Around Parenting As of March 1, 2021, the Divorce Act removes the language of custody and access. Read more…

By admin, ago

Treatment of RESPs During Separation

What is an RESP? A Registered Education Savings Plan (RESP) is a tax deferral plan that is intended to help save for a student’s post-secondary education. The contributions made to an RESP are not tax-deductible. It is only once the money is withdrawn that the student pays the taxes, but this income is likely to be subject to little or no tax as a result of the student’s basic personal exemption as well as their Read more…

By admin, ago