A recent Court of Appeal decision has caused considerable concern in relation to the certainty of the statutory provisions being applied to determine net family property equalization between legal married spouses.

Sections 4 and 5 of the Family Law Act have, to date, been viewed as all encompassing statutory direction in the division of net

Although Ontario common law spouses have a statutory right to receive spousal support upon separation, there is no statutory recognition of common law spouses in claims for property. The Family Law Act, in dealing with equalization of net family property, limits spouses to legal married spouses only.

Courts in Ontario, however, have historically granted

Repeatedly, in initial interviews and even in discussions with friends and other lawyers, I hear interpretations of family law that may be considered “urban myths”, using cultural parlance.  This blog deals with the top three in regard to married parties and the matrimonial home.

Myth 1

Myth – The matrimonial home is deemed to be

By Douglas J. Manning, Partner, Certified Specialist in Family Law

For years family law lawyers in Ontario (and their clients) having been waiting for (and lobbying for) changes to the legislation governing pensions upon separation.  The reason for the desire for change was to be able to treat a spouse’s (or both spouses’) pension(s) more

One of my friends was recently faced with a decision she found to be somewhat insulting.  Her husband’s family has a “family business”, which business was incorporated.  The corporation was in the process of re-structuring and wished to issue shares to the son (her husband) and daughter.  It was requested that she sign a document

Let me introduce myself as the newest Barriston blogger.  I joined the firm, as a partner last month.  Prior to this I practiced, mostly as a sole practioner, for the past sixteen years.  I have practiced law for twenty five years, mostly in the family law area.  I practice in the courts, but prefer mediation