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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

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