“Imputed income matters. The reason why income had to be imputed matters.”1 The imputation of income is a determination of fact, not a guess or a provisional amount while waiting for better disclosure or further review.2 While the goal of the Child Support Guidelines is to maximize objectivity, predictability and consistency, Section 19(1) is one of … Continued
As our Court of Appeal stated in National Post v. Canada, “privilege” is an exception to the fundamental proposition that everyone has a general duty to give evidence relevant to a matter before the Courts. A privilege is recognized only where required by an overriding societal interest. Claims of privilege are concerned with different types … Continued
Proper pleadings are essential in all litigation, including family law litigation. Pleadings define the matters in issue and the scope of disclosure and questioning under the Family Law Rules. The pleading is one of the most important documents that will be prepared yet the art of a carefully and properly drafted pleading is becoming a … Continued
A great deal has been written about expert reports as a result of the implementation of Rule 53.03 of the Rules of Civil Procedure and subsequently Rule 20.1 of the Family Law Rules. The amendments to the rules in relation to experts was a codification of the existing common law and a reminder to the … Continued
Many claim that Kerr v. Baranow invented a new claim and established the “joint family venture” as a way of proving unjust enrichment. There is nothing new about the notion of a joint family venture in which both parties contribute to their overall accumulation of wealth. View PDF of presentation.
This paper addresses three issues related to spousal support. First, various arguments that may be advanced on an application to vary the terms of an agreement related to spousal support that have been incorporated into a court order, where the agreement and court order contain a threshold for a variation of those terms other than … Continued