Is it possible to be legally married to one person, while also being in a common-law relationship with another? In Canada, the answer might surprise you. The short answer is yes, it is legally possible. Canadian law treats marriage and common-law relationships as two distinct legal concepts, each having its…

Family law in Canada has faced challenges in its attempts to address and remedy the harms suffered by individuals in abusive relationships. While criminal law provides avenues for addressing violence, civil remedies have traditionally been limited. However, the 2022 Superior Court of Justice decision in Ahluwalia v. Ahluwalia,[1] where Justice…

If your marriage is coming to an end, you may have questions about how assets are divided and whether one spouse owes the other an equalization payment. In Ontario, the Family Law Act (FLA) governs the division of property upon separation or divorce for legally married couples. It is important…

Separating from a spouse can be an emotional and difficult process to navigate. A separation agreement is a legal document that outlines what each person’s rights and responsibilities are after separating. Separation agreements cover both married and common-law relationships and can be made at the time of separation or later.…

Introduction  The Child Support Guidelines (the “Guidelines”) are a regulation under Ontario’s Family Law Act and Canada’s Divorce Act that establishes the proper methods for calculating and awarding child support in Ontario.i  The Guidelines provide for two subtypes of child support: basic/table child support and s. 7 expenses.ii  Subsection 7(1)…

On December 9, 2024, the Supreme Court of Canada heard the case of Dunmore v. Mehralian—an appeal that was unsuccessful, following the Ontario Court of Appeal’s decision in Mehralian v. Dunmore. While we are still awaiting the Supreme Court’s reasons for judgment, let’s delve into the events that transpired in…

Section 16.1 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) allows courts to make orders for parenting time and decision-making responsibility in regard to “children of the marriage.” The definition of “children of the marriage” under the Divorce Act is not limited to children under 18, but instead…

When the Children’s Aid Society (“CAS”) becomes involved in your family’s lives, it is normal to feel worried and have questions.  A common concern is whether CAS can interview your child without parental consent. This, and other investigative techniques, may feel invasive, but it is essential to understand the legal…

In family law, parents are responsible for financially supporting their children and paying child support; however, there are circumstances where grandparents may be asked to contribute financially to the upbringing of their grandchildren. Legal Basis for Child Support in Ontario In Ontario, child support obligations are outlined in Part III…

In Ontario, the legal distinctions between common-law relationships and marriages are significant, particularly when it comes to property rights and the concept of a matrimonial home. Unlike married couples, common-law partners do not share the same rights to property, including the home they may share. This legal framework raises critical…