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Who Pays the Costs in Family Law Cases?

By Kady McCourt | November 21, 2018

When a Family Law matter goes to court, nearly all cases will include a claim for one party to pay the other party’s expenses incurred through the court process.  Individuals are often surprised and concerned when they see a claim for costs in an Application, Answer or other court document. Many litigants enter into the court …

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Financial Disclosure in Family Law Cases: Is it necessary?

By Kady McCourt | October 5, 2018

Oftentimes when parties separate, the family law issues can be resolved by way of a Separation Agreement rather than commencing court proceedings.  When both parties are committed to negotiating a fair resolution to the issues that arise, a Separation Agreement can be a cost effective and efficient way to set out each party’s rights and …

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Options to Consider in Difficult Custody and Access Cases

By Kady McCourt | August 22, 2018

One of the often more difficult areas to resolve in Family Law cases are those involving children. In Family Court, when the judge makes a custody/access Order they must do so in the “best interests of the child”.  There are a number of different factors enumerated in the Children’s Law Reform Act  that are used to assist …

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Limited Scope Retainers & Unbundled Legal Services in Family Law

By Greg Kay | August 10, 2018

In many cases a person going through the separation process is unable, due to financial circumstances, to retain a lawyer for representation throughout the court process.  In other cases, a person may want to represent himself or herself in court but requires periodic assistance from a lawyer as the case proceeds from one step to …

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Section 7 Expenses, Part 2: Child Care Expenses

By Kady McCourt | July 17, 2018

Today’s blog is the second installment in our series dealing with “Section 7” expenses, the first of which addressed a parent’s obligation to contribute towards their child’s post-secondary expenses.  Another Section 7 Expense that is often claimed in family law cases relates to the cost of childcare. For a childcare expense to fall within Section 7 of the Child …

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Section 7 Expenses, Part 1: Are parents obligated to contribute towards a child’s post-secondary expenses?

By Kady McCourt | May 17, 2018

Whether married or common law, when a child goes off to post-secondary education, non-separated parents have the freedom to determine how they will contribute towards their child’s education expenses. However, many parents don’t realize that the ability to choose if, and how much you will contribute to a child’s education expenses is lost following a …

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How to Avoid the Dangers of Mediation

By Greg Kay | April 3, 2018

Mediation is promoted as an efficient and cost-effective process for parties to resolve the issues that arise upon separation.  However, many spouses do not fully understand the nature of the process and the dangers that may lie ahead. The first misconception that many people have relates to the role of the mediator.  A mediator’s role …

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Do Common Law Spouses have Property Rights?

By Kady McCourt | March 29, 2018

As explained in our previous post titled “Equalization of Family Property: Beware of Exceptions in Ontario’s Family Law Act”, there is a specific scheme which sets out how property is divided upon the breakdown of marriage. What many people don’t know is that this scheme does not apply to unmarried spouses. In fact, there is …

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Equalization of Family Property: Beware of Exceptions in Ontario’s Family Law Act

By Greg Kay | February 28, 2018

The general intent of the Ontario Family Law Act regarding the division of property owned by married spouses is to equalize the increase in each spouse’s net worth from the date of marriage to the date of separation.  For example, if one spouse’s net worth increased by $200,000.00 during the marriage and the other spouse’s net worth …

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​Marriage Contracts: What are the Limits?

By Kady McCourt | February 14, 2018

In recent years there has been an upward trend in the age at which both men and women marry for the first time.  As of 2008, the average age in Canada at the time of a first marriage for women was 29.6 and for men was 31.6.  In addition, the rate of divorce rate in Canada continues to sit …

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