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Family Law

Legally Speaking

January 16, 2016

     
     
 

Topics Covered

  1. Should a Veteran's pension be included in determining their line 150 income for the purposes of child support?

    In the case of Taylor v. Sherlow (2014 ONSC 6614), the wife argued that the husband's Veteran's Affairs Canada pension should be included his income for the purposes of calculating support. The husband referenced the 2012 Federal Court decision in Manuge v. R, stating that these monthly benefits to Canadian Forces' members were not intended to replace income (and therefore should not be included in one's line 150 income), but as compensation for their losses and sacrifices occassioned by their disability during service.


  2. What is abitration? Can the Court reverse an Arbitration Agreement?

    The Court in Parker v. Pal (2014 ONSC 7035) said "no way pal" (actually, they said no way to Parker).

    The Parties went to arbitration and came to a settlement. Later, Parker tried to reverse the terms at Court. There are limited grounds on which to challenge an Arbitration Agreement under the Arbitration Act.


  3. If there is a mistake in a final Agreement or Contract, will the Court order that it be fixed?

    In the case of McCabe v. Tissot (2015 ONSC 2557), the Parties signed Minutes of Settlement, but the issue of splitting private school fees was not included. The wife alleged that this was a mistake, but the husband argued that this was not an error. The Court looked at past correspondences between counsel and exercised its discretion in granting the wife the rectification.


  4. What is the effect of a spouse's death on a Divorce Order?

    The case of White v. White (2015 ONCA 647) dealt with the effect of the husband's death before the Parties' Divorce Order took effect. If the marriage was terminated by his death, then the Parties were still legally married at the time of his death and the wife would have a bid for the husband's estate.





The issues addressed in the articles by Ford Justice Professionals Corporation are for informational purposes only. The  comments contained in these documents should not be relied upon as a means of  replacing case specific legal advice. Readers are advised to contact professional advisors before acting upon any of the information contained in the documents.
 

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