Family Law - Cases

 Overview

Family Law cases of interest:

Desrochers v. Tait

Table Child Support also applies to high-income earners; Wife awarded Child Support based on an income of $6,632,626.

Kaplanis v. Kaplanis

Court of Appeal sets aside order for Joint Custody, as parties could not cooperate.

Lewi v. Lewi

Balanced approach must be taken in determining the extent to which adult children should contribute to their post-secondary education expenses.

Serra v. Serra

A market-driven post-valuation date change in the value of a spouse's assets may be taken into account in determining whether an equalization of family property is unconscionable.

Contino v. Leonelli-Contino

In cases of Shared Custody, there is no presumption in favour of awarding at least the Guidelines Amount, nor is there a presumption in favour of reducing the parent's Child Support obligation downward from the Guidelines Amount.

Fisher v. Fisher

Confirms the use of the Spousal Support Advisory Guidelines, which suggest a range of both amount and duration of support.

Kerr v. Baranow and Vanasse v. Sequin

Supreme Court of Canada decision discussing Property Rights of Common Law spouses based on the Principles of Unjust Enrichment and the Resulting Trust.