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Article

Account for RESPs in any separation agreement, or risk getting taught a lesson in court

Adam N. Black Special to the National Post Throughout Canada, a divorced parent’s child support obligation includes the sharing of a child’s special or extraordinary expenses. Those expenses, k...
Feb 19, 2020
Article

Location really is everything when it comes to dividing family property amid bankruptcy

Laurie H. Pawlitza Special to the National Post Resolving the way a separated couple’s property is dealt with can be complicated, but it gets even more complex if one of the spouses declares bankrup...
Feb 14, 2020
Article

B.C. Court of Appeal sends a clear family law message in case of transgender teen

Adam N. Black Special to the National Post In a prior article, I observed that “today’s modern family is a fascinating, complex and changing construct. As the way we form and grow a family evol...
Jan 30, 2020
Article

Trading your share of the house for reduced child support could leave you paying more

Laurie H. Pawlitza Special to the National Post In family law, agreements reached between separating couples often contain more creative and individualized terms than do court orders. One spouse may...
Jan 9, 2020
Article

‘Catch me if you can’: Husband who failed to disclose Cayman Islands bank account ordered to pay wife $32,000 in costs

Adam N. Black Special to the National Post When a couple separates, financial issues almost inevitably arise. To answer these questions, financial disclosure is essential. But, what happens whe...
Dec 17, 2019
Article

Mother awarded costs after father tries (and fails) to play hardball

Justyna A. Waxman The Lawyer's Daily Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisio...
Nov 26, 2019
Article

Adam Black on children living at home longer and the effects this is having on some child support decisions

Adam N. Black Special to the National Post Following a couple’s separation, there is no greater certainty than a parent’s obligation to support their children. But what happens if, ...
Nov 21, 2019
Article

Disorder in the court: When one spouse ignores rulings, the other often pays the price

Laurie H. Pawlitza Special to the National Post Family courts seem to have an abundance of litigants who view court orders as “suggestions” only. Orders for support and for the payment o...
Nov 12, 2019
Article

Adam Black on why conflict doesn't always end with a court order for separating couples in his latest column in the National Post

Adam N. Black Special to the National Post Parenting issues can be the most arduous and protracted component of the complex matrix of issues that must be resolved when a couple separates. For s...
Oct 23, 2019
Article

How a three-year relationship can lead to 15 years of spousal support payments

Laurie H. Pawlitza Special to the National Post The length of time spousal support is payable to a dependent spouse after the relationship has ended remains one of the most vexing issues in family l...
Oct 8, 2019
Article

Why your seemingly perfect separation agreement may not be written in stone

Adam N. Black Special to the National Post In most cases, separated spouses resolve the issues arising from their separation by way of a written agreement between them. While it is hoped that t...
Sep 24, 2019
Article

New legislative changes to federal support enforcement laws

Justyna A. Waxman Lawyer's Daily Through their enforcement efforts, federal, provincial and territorial governments disburse about $2 billion annually to Canadian families to satisfy ...
Sep 18, 2019
Article

Why spousal support doesn't always end when your ex remarries

Laurie H. Pawlitza Special to the National Post Most support payors assume that when their former spouse re-partners, their support payments will end. But as a case that recently came before the B.C...
Sep 12, 2019
Torkin Manes LegalPoint

Bill C-78 – The Long-awaited Overhaul of the Federal Divorce Act

Justyna A. Waxman Torkin Manes LegalPoint Overview Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and ...
Sep 6, 2019
Article

Why you should plan for a breakup before your marriage breaks down

Adam N. Black Special to the National Post Planning for the breakdown of a marriage while the relationship is intact can be difficult and emotionally charged. However, the failure to plan for t...
Aug 27, 2019
Article

What is ‘table’ child support and why is it so hard to get it reduced?

Laurie H. Pawlitza Special to the National Post Separated spouses who pay child support are often surprised by the short shrift family lawyers give them when they ask why there is such strict adhere...
Aug 14, 2019
Article

Consent can’t be ‘frozen in time’ even if embryos can be, appeals court finds

Adam N. Black Special to the National Post Today’s modern family is a fascinating, complex and changing construct. As the way we form and grow a family evolves, the law must recognize and...
Jul 31, 2019
Article

Joint tenants or tenants in common? Don't leave it to the courts and your heirs to sort out

Laurie H. Pawlitza Special to the National Post Lawyers often say that estate litigation is like “family law with dead people” because, in both disciplines, emotions tend to run high. A ...
Jul 17, 2019
Article

If you win the lottery, your ex might hit the jackpot, too

Adam N. Black Special to the National Post For many family law lawyers, a cocktail party can become a hotbed for questions rooted in “what if” and “I’m asking for a frie...
Jul 4, 2019
Article

Family fight over farm puts question of 'undue influence' under the microscope

Laurie H. Pawlitza Special to the National Post Wills and contracts can be challenged in a myriad of circumstances, including if there was fraud, duress or undue influence. Recently, a Saskatchewan ...
Jun 18, 2019
Article

Father finds out the hard way that bad faith can cost you big time in court

Adam N. Black Special to the National Post In this case, bad faith resulted in a father not only losing custody of his daughter, but having to pay the mother $420,000.
Jun 4, 2019
Article

Family law arbitration has advantages, but it's no guarantee you'll stay out of court

Laurie H. Pawlitza Special to the National Post Many see arbitration as a faster, more efficient way to resolve disputes, but there is reason to be cautious.
Jun 3, 2019
Article

If you rack up debt after separation, don't expect your former spouse to pay for it

Adam N. Black Special to the National Post Sharing the assets and liabilities a couple acquired during a marriage is a standard part of any separation. But in some jurisdictions in Canada, chan...
May 8, 2019
Presentation

ADR Skills for Family Law Lawyers

Laurie H. Pawlitza The Advocates' Society Program, Faculty
May 3, 2019
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