RECENT, IMPORTANT CASE LAW
Domestic Contracts – LeVan v. LeVan (2006), 2006 CarswellOnt 5393 (S.C.J.) and (2006), 2006 CarswellOnt 7334 (S.C.J.) – What constitutes proper financial disclosure for the purpose of entering into a domestic contract and when the Court will exercise its discretion to set aside a domestic contract.
Spousal Support – Leskun v. Leskun, [2006] 1 S.C.R. 920, 2006 - Whether conduct should be reintroduced as a factor to be considered in decision making regarding spousal support.
Retroactive Child Support – D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra [2006], S.C.C. 37. What factors the court will consider in deciding whether to award retroactive child support and retroactive to what date.
Child Support – Lewi v. Lewi(2006), 2006 CarswellOnt 3214 (Ont. C.A.) – the amount of child support that should be paid when a child is attending post-secondary education away from home and how much children should contribute to their post-secondary education.
Custody – Roy v. Roy(2006), 2006 CarswellOnt 2898 (Ont. C.A.) – Joint custody should only be ordered where parents can communicate effectively.
Access – Lygouriatis v. Gohm 2006 CarswellSask 601 (Sask. Q.B.) stands for the proposition that overnight access is appropriate for very young children, even babies, notwithstanding the longstanding tendency toward daytime access only for very young children.
Equalization Calculation – Lowe v. Lowe (2006), 22 R.F.L. (6th) 438 (Ont. C.A.) - disability benefits are not property for purposes of equalization and are better considered income stream replacement for the purposes of support.
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