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Understanding Post-Separation Income Sharing: Chappel J.’s 15 Principles

In the legal landscape of family law, determining whether a recipient spouse should share in the payor spouse’s post-separation income increases can be complex. Chappel J.’s decision in Kinsella v. Mills outlines 15 key principles guiding such determinations: These principles underscore the importance of a detailed, case-specific approach in family law when dealing with post-separation income increases.

By Heleysh, ago

Court of Appeal Upholds Income Imputation for Support: Free Housing and Financial Benefits Considered

In a recent decision, the Ontario Court of Appeal dismissed a husband’s appeal challenging the imputation of income for support purposes. The case involved a father who claimed his income ranged from $40,000 in 2015 to $127,000 in 2019. However, the mother argued that the father’s income should be imputed at a higher level due to the engineering consulting services he provided to a family-owned real estate development business. At trial, the mother contended that Read more…

By Heleysh, ago

Parenting Time Denied Due to Inappropriate Conduct: Court Prioritizes Child’s Best Interests

In a recent trial addressing issues of parenting and child support, the court made a significant ruling that highlights the importance of prioritizing the best interests of the child. The case involved a 12-year-old child who primarily lived with the mother. The mother, along with counsel from the Office of the Children’s Lawyer, sought an order to deny the father any parenting time, while the father requested a graduated parenting schedule. The legal journey began Read more…

By Heleysh, ago

Adult Children and Parenting Orders – Do They Have a Say?

In a recent family court hearing, the court reviewed a continuation of a motion to assess the applicant’s compliance with court orders and address other parenting issues. The respondent sought make-up parenting time with his two children, aged 18 and 16. The court had earlier determined that the eldest child remained a “child of the marriage” under the Divorce Act due to her inability to withdraw from parental control. Since the initial hearing, the Court Read more…

By Heleysh, ago

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