Syllabus Family Law Ontario - Federation of Law Societies...

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Family Law

(

(revised

Candidates are advised that the syllabus may be updated fromtime

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World Exchange Plaza 1810 - 45 O'Connor Street Ottawa Ontario K1P 1A4

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Syllabus

Family Law

(Ontario

(revised January

Candidates are advised that the syllabus may be updated fromtime-to-time without prior notice.

Candidates are responsible for obtaining themost current syllabus available.

'Connor Street Ottawa Ontario K1P 1A4

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Syllabus

Family Law

Ontario

January

Candidates are advised that the syllabus may be updated fromtime without prior notice.

responsible for obtaining the

most current syllabus available.


7233 www.flsc.ca

Syllabus

Family Law

Ontario)

January 2016


responsible for obtaining themost current syllabus available.


7233 www.flsc.ca

Family Law

6)


responsible for obtaining the most current syllabus available.

Candidates are advised that the syllabus may be updated from

NOTEread the cases in the syllabus in addition to the latest COURSE DESCRIPTION This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be addressed. The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity. The objectives of this course are as follows:

NOTE: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest COURSE DESCRIPTION This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be addressed. The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity. The objectives of this course are as follows: to provide an overview of family law with particular emphasis on the econom

consequences of family breakdown and divorce to analyse contemporary issues in family law to develop legal skills in dealing with family disputes to identify the special nature of family disputes and innovative approaches to their

as mediation, arbitration and custody assessments.

: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest

COURSE DESCRIPTION

This course will review fundamental principles of family law. Significant emphasis will be placed on the economic and parenting consequences of family breakdown and divorce. This course will not deal with the specialized topic of child protection. Contemporary issues such as family violence, rights of unmarried cohabitants, domestic contracts, and alternative dispute restriction processes will be

The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and lack of uniformity.

The objectives of this course are as follows:

to provide an overview of family law with particular emphasis on the economconsequences of family breakdown and divorce

to analyse contemporary issues in family law

to develop legal skills in dealing with family disputes

identify the special nature of family disputes and innovative approaches to their as mediation, arbitration and custody assessments.


COURSE DESCRIPTION


The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and






Family Law (



The primary sources of family law in Canada are provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and






Family Law (

2

: Family Law is an evolving subject that makes it imperative that examination candidates read the cases in the syllabus in addition to the latest editions of relevant texts.


The primary sources of family law in Canada are found in the federal provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and





Family Law (

: Family Law is an evolving subject that makes it imperative that examination candidates editions of relevant texts.


found in the federal Divorce Actprovincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and references to statutes in other provinces and territories are not feasible because of their multiplicity and

to provide an overview of family law with particular emphasis on the econom

identify the special nature of family disputes and innovative approaches to their

Family Law (Ontario)



Divorce Act and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in content. This course will focus, therefore, on federal divorce legislation and Ontarioreferences to statutes in other provinces and territories are not feasible because of their multiplicity and

to provide an overview of family law with particular emphasis on the economic and parenting

identify the special nature of family disputes and innovative approaches to their

Ontario)



and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in

Ontario statute law. Crreferences to statutes in other provinces and territories are not feasible because of their multiplicity and

ic and parenting

identify the special nature of family disputes and innovative approaches to their resolution, such

Ontario)

: Family Law is an evolving subject that makes it imperative that examination candidates


and in diverse provincial and territorial statutes. Provincial and territorial legislation in Canada differs widely in

statute law. Cross-references to statutes in other provinces and territories are not feasible because of their multiplicity and

ic and parenting

resolution, such

PRIMARY TEXT AND STATUTES 1. 2 3 4 5 6 REFERENCE MATERIALS J.G. McLeod and A.E. Mamo, (hereafter Payne and Payne, Hovius and Maur, The Honorable David Andrew James, EXAMINATION The examination is a threeexamination roommust knowfor students to search for solutions in areas with which they are not already familiar.

PRIMARY TEXT AND STATUTES 1. Payne and Payne, 2. Divorce Act 3. Federal Child Support 4. Spousal Support Advisory Guidelines 5. Family 6. Children's Law Reform Act REFERENCE MATERIALS J.G. McLeod and A.E. Mamo, (hereafter M.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver Payne and Payne, Hovius and Maur, The Honorable David Andrew James, EXAMINATION The examination is a threeexamination roommust know their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar.

PRIMARY TEXT AND STATUTES

Payne and Payne,

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as

Federal Child Support

Spousal Support Advisory Guidelines

Family Law Act,

Children's Law Reform Act

REFERENCE MATERIALS J.G. McLeod and A.E. Mamo,

M.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver

Payne and Payne, Child Support Guidelines

Hovius and Maur, Hovius on Family Law: Cases, Notes and Materials The Honorable David Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and Andrew James, Ontario Family Law Practice

EXAMINATION

The examination is a threeexamination room. Students who are unfamiliar with open

their material before the examination is held. There will not be time during the examination for students to search for solutions in areas with which they are not already familiar.


Payne and Payne, Canadian Family Law

, R.S.C. 1985, c. 3 (2nd Supp.), as

Federal Child Support Guidelines


R.S.O. 1990, c. F.3, as amended

Children's Law Reform Act, R.S.O. 1990, c. C. 12, as amended

REFERENCE MATERIALS J.G. McLeod and A.E. Mamo, Matrimonial Property Law in Canada


Child Support Guidelines

Hovius on Family Law: Cases, Notes and Materials

Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and Ontario Family Law Practice

The examination is a three-hour openStudents who are unfamiliar with open



Canadian Family Law

, R.S.C. 1985, c. 3 (2nd Supp.), as

Guidelines (Department of Justice, Canada

Spousal Support Advisory Guidelines (Department of Justice, Canada, July 2008)


, R.S.O. 1990, c. C. 12, as amended

Matrimonial Property Law in Canada


Child Support Guidelines in Canada,


Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and Ontario Family Law Practice, 2016 Edition, LexisNexis Canada

hour open-book exam. Students may take any material they wish into the Students who are unfamiliar with open


3

Canadian Family Law, 6th ed., 2015, Irwin Law, (hereinafter Payne, C.F.L.)

, R.S.C. 1985, c. 3 (2nd Supp.), as amended.

(Department of Justice, Canada

(Department of Justice, Canada, July 2008)



Matrimonial Property Law in CanadaM.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver

in Canada, 2015


Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and , 2016 Edition, LexisNexis Canada

book exam. Students may take any material they wish into the Students who are unfamiliar with open-book examinations are advised that they


, 6th ed., 2015, Irwin Law, (hereinafter Payne, C.F.L.)

amended.

(Department of Justice, Canada



Matrimonial Property Law in Canada (Looseleaf Service), M.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver

2015, Irwin Law

Hovius on Family Law: Cases, Notes and Materials, Carswell


book exam. Students may take any material they wish into the book examinations are advised that they



(Department of Justice, Canada)/



(Looseleaf Service), M.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver

, Irwin Law

, Carswell






(Looseleaf Service), M.P.L.C.), tab, Ontario, Carswell, Thomson Professional Publishing, Toronto/Vancouver

Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and





Steinberg, The Honorable Mr. Justice Craig Perkins, Esther Lenkinski and


their material before the examination is held. There will not be time during the examination

COURSE CONTENT I

I

COURSE CONTENT I INTRODUCTION

1.

2.

3.

4.

II FAMILY VIOLENCE

COURSE CONTENT

INTRODUCTION

Definition of Marriage and Family

Reference re Same Civil Marriage Act Civil Marriage of Non Hincks v. Gallardo M. v. H., [1999] 2 S.C.R. 3 Québec (Attorney General) v. A

Kerr v. Baranow

Constitutional Framework

Payne, C.F.L., 10

Fragmentation of Judicial Jurisdiction

Divorce Act

Family Law Act,


Payne, C.F.L., 12

Formation and

Payne, C.F.L., 14

FAMILY VIOLENCE

Payne, C.F.L., 90 Canadian Foundation for Children, Youth and the Law v. Canada (Attorney[2004] 1 S.C.R. 76

INTRODUCTION


Reference re Same-Sex Marriage

Civil Marriage Act, S.C. 2005, c. 33

Civil Marriage of Non

Hincks v. Gallardo, 2014 ONCA 494, [2014]

, [1999] 2 S.C.R. 3

Québec (Attorney General) v. A

Kerr v. Baranow and


Payne, C.F.L., 10-11


Divorce Act, s. 2

Family Law Act, R.S.O. 1990, c. 4, ss. 1(1), 4(1) and 34(2) Children's Law Reform Act Payne, C.F.L., 12-13

Formation and Annulment of Marriage


FAMILY VIOLENCE

Payne, C.F.L., 90-129

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney[2004] 1 S.C.R. 76


Sex Marriage

, S.C. 2005, c. 33

Civil Marriage of Non-Residents Act,

, 2014 ONCA 494, [2014]

, [1999] 2 S.C.R. 3

Québec (Attorney General) v. A.

and Vanasse v. Seguin


11


R.S.O. 1990, c. 4, ss. 1(1), 4(1) and 34(2)

Children's Law Reform Act, R.S.O. 1990, c. C.12, ss. 3 and 18

13

Annulment of Marriage

37

129

Canadian Foundation for Children, Youth and the Law v. Canada (Attorney

4


Sex Marriage, [2004] 3 S.C.R. 698

, S.C. 2005, c. 33

Residents Act, S.C. 2013, c. 32

, 2014 ONCA 494, [2014]

, 2013 SCC 5, [2013] S.C.J. No. 5 (Quicklaw)

Vanasse v. Seguin, [2011] 1 S.C.R. 269


R.S.O. 1990, c. 4, ss. 1(1), 4(1) and 34(2)

, R.S.O. 1990, c. C.12, ss. 3 and 18

Annulment of Marriage


, [2004] 3 S.C.R. 698

S.C. 2013, c. 32

O.J. No. 3048 (C.A.) (Quicklaw)


[2011] 1 S.C.R. 269

R.S.O. 1990, c. 4, ss. 1(1), 4(1) and 34(2)

, R.S.O. 1990, c. C.12, ss. 3 and 18




[2011] 1 S.C.R. 269

R.S.O. 1990, c. 4, ss. 1(1), 4(1) and 34(2)

, R.S.O. 1990, c. C.12, ss. 3 and 18




Canadian Foundation for Children, Youth and the Law v. Canada (Attorney-General

General),

III

III DIVORCE

1.

2.

3.

4.

5.

DIVORCE (INCLUDING COROLLARY PROCEEDINGS FOR SUPPORT

Emotional Dynamics of Marriage Breakdown; Dispute Resolution Processes

Divorce Ac Children’s Law Reform Act, Family Law Act Payne C.F.L., 130

Jurisdiction

Divorce Act Payne, C.F.L., 174 Rothgiesser v. Rothgiesser,

Marriage Breakdown

Divorce Act Payne, C.F.L., 191

Bars to Divorce

Divorce Act, s. 11 Payne, C.F.L., 204 Bruker v. Marcovitz,

Effective Date and Effect of Divorce

Divorce Act, Payne, C.F.L., 186

(INCLUDING COROLLARY PROCEEDINGS FOR SUPPORT


Divorce Act, ss. 9 and 10

Children’s Law Reform Act,

Family Law Act, s. 3

C.F.L., 130-172

Jurisdiction

Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

Payne, C.F.L., 174-185

Rothgiesser v. Rothgiesser,

Marriage Breakdown

Divorce Act, s. 8

Payne, C.F.L., 191-204

Bars to Divorce

Divorce Act, s. 11

Payne, C.F.L., 204-215

Bruker v. Marcovitz,


Divorce Act, ss. 12, 13 and 14

C.F.L., 186-188



t, ss. 9 and 10 (negotiation; mediation)

Children’s Law Reform Act, ss. 30 (assessments) and 31 (mediation)

(mediation)

172

, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

185

Rothgiesser v. Rothgiesser, [2000] O.J. No. 33(Quicklaw), 46 O.R. (3d) 577 (C.A.)

Marriage Breakdown as Ground for Divorce

204

215

Bruker v. Marcovitz, [2007] 3 S.C.R. 607


ss. 12, 13 and 14

188

5



(negotiation; mediation)

ss. 30 (assessments) and 31 (mediation)

, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3

[2000] O.J. No. 33(Quicklaw), 46 O.R. (3d) 577 (C.A.)

as Ground for Divorce

[2007] 3 S.C.R. 607




(negotiation; mediation)


, R.S.C. 1985, c. 3 (2nd Supp.) ss. 3-7, as amended by S.C. 1993, c. 8, s. 4


as Ground for Divorce

(INCLUDING COROLLARY PROCEEDINGS FOR SUPPORT AND CUSTODY)



7, as amended by S.C. 1993, c. 8, s. 4


AND CUSTODY)





AND CUSTODY)




6. Recognition of Foreign Divorces

Divorce Act Payne, C.F.L., 188

7. Interim Support Orders


8. Child Support Orders

Divorce Act Federal Child Support Guidelines Payne, C.F.L., 370 Senos v. Karcz Chartier v. Chartier Wright v. Zaver Lewi v. Lewi Francis v. Baker Contino v. Leonelli

A.M.D. v. A.J.P.29 R.F.L. (5 D.B.S. v. S.R.G., L.J.W. v. T.A.R.,2 S.C.R. 231

Recognition of Foreign Divorces

Divorce Act, s. 22 Payne, C.F.L., 188

Interim Support Orders


Child Support Orders

Divorce Act, ss. 15.1 Federal Child Support Guidelines Payne, C.F.L., 370 Senos v. Karcz Chartier v. Chartier Wright v. Zaver Lewi v. Lewi, [2006] O.J. No. 1847 (Quicklaw), 28 R.F.L. (6th) 250 (C.A.) Francis v. Baker Contino v. Leonelli

A.M.D. v. A.J.P.29 R.F.L. (5th

D.B.S. v. S.R.G., L.J.W. v. T.A.R.,2 S.C.R. 231


, s. 22

Payne, C.F.L., 188-190


subs. 15.1(2) and 15.2(2)

Payne, C.F.L., 218-224 and 487

Child Support Orders

, ss. 15.1 and 15.3


Payne, C.F.L., 370-503 and 603

Senos v. Karcz, 2014 ONCA 459, [2014] O.J. No. 2808 (C.A.) (Quicklaw)

Chartier v. Chartier, [1999] 1 S.C.R. 242

Wright v. Zaver, [2002] O.J. No. 1098 (Quicklaw), 24 R.F. L. (5th) 207 (C.A.)

, [2006] O.J. No. 1847 (Quicklaw), 28 R.F.L. (6th) 250 (C.A.)

Francis v. Baker, [1999] 3 S.C.R. 250

Contino v. Leonelli-Contino

A.M.D. v. A.J.P., [2002] O.J. No. 3731 (Quicklaw), th) 293(C.A.).

D.B.S. v. S.R.G., L.J.W. v. T.A.R.,2 S.C.R. 231



subs. 15.1(2) and 15.2(2)

224 and 487-488

and 15.3

Federal Child Support Guidelines, SOR/97

503 and 603-605

, 2014 ONCA 459, [2014] O.J. No. 2808 (C.A.) (Quicklaw)

, [1999] 1 S.C.R. 242

2] O.J. No. 1098 (Quicklaw), 24 R.F. L. (5th) 207 (C.A.)


, [1999] 3 S.C.R. 250

Contino, [2005] 3 S.C.R. 217

[2002] O.J. No. 3731 (Quicklaw), ) 293(C.A.).

D.B.S. v. S.R.G., L.J.W. v. T.A.R., Henry v. Henry, Hiemstra v. Hiemstra,

6

subs. 15.1(2) and 15.2(2)

488

SOR/97-175, 8 April, 1997

605


, [1999] 1 S.C.R. 242



, [1999] 3 S.C.R. 250

[2005] 3 S.C.R. 217

[2002] O.J. No. 3731 (Quicklaw),

Henry v. Henry, Hiemstra v. Hiemstra,

175, 8 April, 1997




[2005] 3 S.C.R. 217

[2002] O.J. No. 3731 (Quicklaw), sub nom.


175, 8 April, 1997 as amended




. Drygala v. Pauli


as amended




Drygala v. Pauli (2002),

Henry v. Henry, Hiemstra v. Hiemstra, [2006]

(2002),

9. Spousal Support

Divorce Act Payne, C.F.L., 216 Spousal Support Advisory GuidelinesCanada, July 2008) Moge v. Moge, Bracklow v. Bracklow Miglin v. Miglin Boston v. Bosto Leskun v. Leskun Fisher v. Fisher, Davis v. Crawford,

10. Variation, Rescission or Suspension of Corollary Support Orders

Divorce Act Federal Child Support Guidelines Payne, C.F.L., 300 L.M.P. v. L.S., R.P. v. R.C., Gray v. Gray

Spousal Support

Divorce Act, ss. 15.2 and 15.3 Payne, C.F.L., 216 Spousal Support Advisory GuidelinesCanada, July 2008) Moge v. Moge, Bracklow v. Bracklow Miglin v. Miglin Boston v. Bosto Leskun v. Leskun Fisher v. Fisher, Davis v. Crawford,

Variation, Rescission or Suspension of Corollary Support Orders

Divorce Act, s. 17 Federal Child Support Guidelines Payne, C.F.L., 300 L.M.P. v. L.S., R.P. v. R.C., Gray v. Gray

Spousal Support

, ss. 15.2 and 15.3

Payne, C.F.L., 216-369

Spousal Support Advisory GuidelinesCanada, July 2008)

Moge v. Moge, [1992] 3 S.C.R. 813

Bracklow v. Bracklow, [1999] 1 S.C.R. 420

Miglin v. Miglin, [2003] 1 S.C.R. 303

Boston v. Boston, [2001] 2 S.C.R. 413

Leskun v. Leskun, [2006] 1 S.C.R. No. 920

Fisher v. Fisher, [2008] O.J. No. 38 (Quicklaw), 47 R.F.L. (6th) 235 (Ont. C.A.)

Davis v. Crawford, 2011 ONCA 294, [2011] O.J. No. 1719 (Quicklaw)


, s. 17


Payne, C.F.L., 300-320 and 444

L.M.P. v. L.S., [2011] 3 SCR 775

R.P. v. R.C., [2011] 3 SCR 819

Gray v. Gray, 2014 ONCA

, ss. 15.2 and 15.3


[1992] 3 S.C.R. 813

, [1999] 1 S.C.R. 420

, [2003] 1 S.C.R. 303

, [2001] 2 S.C.R. 413

, [2006] 1 S.C.R. No. 920

[2008] O.J. No. 38 (Quicklaw), 47 R.F.L. (6th) 235 (Ont. C.A.)

2011 ONCA 294, [2011] O.J. No. 1719 (Quicklaw)


Federal Child Support Guidelines, s. 14

320 and 444-460

[2011] 3 SCR 775

[2011] 3 SCR 819

, 2014 ONCA 659, [2014] O.J. No. 4519 (C.A.)(Quicklaw)

7

Spousal Support Advisory Guidelines (Rogerson/Thompson

, [1999] 1 S.C.R. 420

, [2001] 2 S.C.R. 413

, [2006] 1 S.C.R. No. 920




, s. 14

460

659, [2014] O.J. No. 4519 (C.A.)(Quicklaw)

Rogerson/Thompson




659, [2014] O.J. No. 4519 (C.A.)(Quicklaw)

Rogerson/Thompson, Department of Justice,




659, [2014] O.J. No. 4519 (C.A.)(Quicklaw)

Department of Justice,


Department of Justice,

11. Interjurisdictional Support Orders

Divorce Act

12. Custody and Access

Divorce Act Payne, C.F.L., Gordon v. Goertz Van de Perre v. Edwards Kaplanis v. Kaplanis Ladissa v. Ladissa Stefureak v. Chambers

13. Effect of Corollary Orders

Divorce Act,

14. Appeals

Divorce Act,

15. Evidence and Procedure

Divorce Act,

16. Transitional


Interjurisdictional Support Orders

Divorce Act,

Custody and Access

Divorce Act, ss. 16 (original order) and 17 (variation, rescission or suspension) Payne, C.F.L., Gordon v. Goertz Van de Perre v. Edwards Kaplanis v. Kaplanis Ladissa v. Ladissa Stefureak v. Chambers Effect of Corollary Orders

Divorce Act,

Appeals

Divorce Act,

Evidence and Procedure

Divorce Act,

Transitional



, ss. 18 and 19

Custody and Access

, ss. 16 (original order) and 17 (variation, rescission or suspension)

Payne, C.F.L., 504-651 Gordon v. Goertz, [1996] 2 S.C.R. 27

Van de Perre v. Edwards

Kaplanis v. Kaplanis, [2005] O.J. No. 275 (Quicklaw), 194 O.A.C. 106 (C.A.)

Ladissa v. Ladissa, [2005] O.J. No. 276 (Quicklaw), 11 R.F.L. (6th) 50 (C.A.)

Stefureak v. Chambers, [2004] O.J. No. 4253 (Quicklaw), 6 R.F.L. (6th) 212 (Sup. Ct.)

Effect of Corollary Orders

Divorce Act, s. 20

Divorce Act, s. 21


Divorce Act, ss. 23, 24, 25 and 26

Transitional Provisions



ss. 18 and 19


, [1996] 2 S.C.R. 27

Van de Perre v. Edwards, [2001] 2 S.C.R. 1014

, [2005] O.J. No. 275 (Quicklaw), 194 O.A.C. 106 (C.A.)


, [2004] O.J. No. 4253 (Quicklaw), 6 R.F.L. (6th) 212 (Sup. Ct.)

Effect of Corollary Orders


ss. 23, 24, 25 and 26


8



, [1996] 2 S.C.R. 27

, [2001] 2 S.C.R. 1014















, [2004] O.J. No. 4253 (Quicklaw), 6 R.F.L. (6th) 212 (Sup. Ct.), [2004] O.J. No. 4253 (Quicklaw), 6 R.F.L. (6th) 212 (Sup. Ct.)

I

V

IV CHILD AND SPOUSAL SUPPORT UNDER PROVINCIAL LEGISLATION; FAMILY LAW ACT;

1. General

2. Definitions of

3. Statutory Support

4. Status of Applicant

5. Statuatory Criteria

V STATUS OF CHILDREN UNDER ONTARIO

1. Abolition of Illegitimacy

2. Establishment of Parentage

CHILD AND SPOUSAL SUPPORT UNDER PROVINCIAL LEGISLATION; FAMILY LAW ACT; INTERJURISDICTIONAL SUPPORT ORDERS ACT

General

Payne, C.F.L., 600 Uniform Federal and Provincial Child Support Guidelines Act, Ontario Child Support Guidelines,

Definitions of

Family Law Act

Statutory Support

Family Law Act

Status of Applicant

Family Law Act

Statuatory Criteria

Family Law Act Interjurisdictional Support Orders Act

STATUS OF CHILDREN UNDER ONTARIO

Abolition of Illegitimacy


Establishment of Parentage

Children's Law Reform Act A.A. v. B.B.,

CHILD AND SPOUSAL SUPPORT UNDER PROVINCIAL LEGISLATION; FAMILY LAW INTERJURISDICTIONAL SUPPORT ORDERS ACT

Payne, C.F.L., 600-606

Uniform Federal and Provincial Child Support Guidelines Act,

Ontario Child Support Guidelines,

Definitions of "Child", "Parent" and "Spouse" and

Family Law Act, ss. 1, and

Statutory Support Obligations

Family Law Act, ss. 30, 31, 32

Status of Applicant

Family Law Act, subs. 33(2) and (3)

Statuatory Criteria


Interjurisdictional Support Orders Act






A.A. v. B.B., [2007] O.J. No. 2(Quicklaw), 35 R.F.L. (6th) 1(C.A.)


606


Ontario Child Support Guidelines,

"Child", "Parent" and "Spouse" and

, ss. 1, and 29

Obligations

ss. 30, 31, 32

subs. 33(2) and (3)

33

Interjurisdictional Support Orders Act



Children's Law Reform Act, ss. 1 and 2


Children's Law Reform Act, ss. 3

[2007] O.J. No. 2(Quicklaw), 35 R.F.L. (6th) 1(C.A.)

9



Ontario Child Support Guidelines, Ont. Reg. 391/97

"Child", "Parent" and "Spouse" and

subs. 33(2) and (3)

Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13

STATUS OF CHILDREN UNDER ONTARIO CHILDREN'S LAW REFORM ACT

, ss. 1 and 2

3-17




Ont. Reg. 391/97

"Child", "Parent" and "Spouse" and "Dependant

, 2002, S.O. 2002, c. 13

CHILDREN'S LAW REFORM ACT


CHILD AND SPOUSAL SUPPORT UNDER PROVINCIAL LEGISLATION; FAMILY LAW

Uniform Federal and Provincial Child Support Guidelines Act, S.O. 1997, c. 20

Dependant "

, 2002, S.O. 2002, c. 13




S.O. 1997, c. 20



V

VI

VI CHILD CUSTODY REFORM ACT; CHILD ABDUCTION

VII OWNERSHIP AND EQUALIZATION OF FAMILY PROPERTY FAMILY LAW ACT

1. Introduction

2. Definition of

3. Definition of

4. Definition of

5. Conflict of Laws

6. Domestic Contracts

CHILD CUSTODY REFORM ACT; CHILD ABDUCTION

Children's Law Reform Act, Payne, C.F.L., 606 Thomson v. Thomson, M. v. F., 2015 ONCA 277, [2015] O

OWNERSHIP AND EQUALIZATION OF FAMILY PROPERTY FAMILY LAW ACT

Introduction

Payne, C.F.L.,

Definition of

Family Law Act Payne, C.F.L.,

Definition of

Family Law Act

Definition of

Payne, C.F.L.,

Conflict of Laws

Family Law Act

Domestic Contracts

Payne, C.F.L., 656 and 690 Hartshorne v. Hartshorne Rick v. Brandsema,

CHILD CUSTODY UNDER PROVINCIAL LEGISLATION; THE ONTARIO CHILDREN'S LAW REFORM ACT; CHILD ABDUCTION

Children's Law Reform Act,

Payne, C.F.L., 606-651

Thomson v. Thomson,

2015 ONCA 277, [2015] O

OWNERSHIP AND EQUALIZATION OF FAMILY PROPERTY FAMILY LAW ACT

Introduction

Payne, C.F.L., 654

Definition of "Spouse"

Family Law Act, subs

Payne, C.F.L., 655

Definition of "Court"

Family Law Act, subs

Definition of "Property"

Payne, C.F.L., 667-670

Conflict of Laws


Domestic Contracts

Payne, C.F.L., 656 and 690

Hartshorne v. Hartshorne

Rick v. Brandsema, [2009] 1 S.C.R. 295

UNDER PROVINCIAL LEGISLATION; THE ONTARIO CHILDREN'S LAW REFORM ACT; CHILD ABDUCTION

Children's Law Reform Act, ss. 18

651

Thomson v. Thomson, [1994] 3 S.C.R. 551

2015 ONCA 277, [2015] O

OWNERSHIP AND EQUALIZATION OF FAMILY PROPERTY

"Spouse"

ubs. 1(1), and

ubs. 1(1)

"Property"

670

15

Payne, C.F.L., 656 and 690

Hartshorne v. Hartshorne, [2004] 1 S.C.R. 550

[2009] 1 S.C.R. 295

10

UNDER PROVINCIAL LEGISLATION; THE ONTARIO CHILDREN'S LAW

ss. 18-46, especially ss. 24, 30, 31 and 46

[1994] 3 S.C.R. 551

2015 ONCA 277, [2015] O.J. No. 2048 (


1(2)

, [2004] 1 S.C.R. 550

[2009] 1 S.C.R. 295


46, especially ss. 24, 30, 31 and 46

.J. No. 2048 (C.A.)(Quicklaw)


, [2004] 1 S.C.R. 550



.A.)(Quicklaw)

OWNERSHIP AND EQUALIZATION OF FAMILY PROPERTY - PART ONE OF ONTARIO



PART ONE OF ONTARIO


PART ONE OF ONTARIO

7. Ownership of Property; Resulting and Constructive Trusts

8. Effect of Bankruptcy on Equalization of Net Family Properties

9. Triggering Events for Equalization of Net Family

10. Equalization of Net Family Properties; Significance of Ownership; Definition of

Property; Pensions; Valuation; Pre

11. Unequal Division of Net Family Properties

12. Entitlement on Death

Ownership of Property; Resulting and Constructive Trusts

Family Law Act Payne, C.F.L. 656 Korman v. Korman Rawluk v. Rawluk McNamee

Effect of Bankruptcy on Equalization of Net Family Properties

Schreyer v. Schreyer

Triggering Events for Equalization of Net Family

Family Law Act Payne, C.F.L., 658

Equalization of Net Family Properties; Significance of Ownership; Definition of



Unequal Division of Net Family Properties

Family Law Act Payne, C.F.L., 690 Serra v. Serra

Entitlement on Death



Family Law Act, ss. 10 and 14

Payne, C.F.L. 656-658

Korman v. Korman, 2015 ONCA 578, [2015] O.J. No. 4399 (C.A.)(Quicklaw)

Rawluk v. Rawluk, [1990] 1 S.C.R. 70

McNamee v. McNamee


Schreyer v. Schreyer



Payne, C.F.L., 658-662




Payne, C.F.L., 662-690


Family Law Act, sub. 5(6)

Payne, C.F.L., 690-696

Serra v. Serra, [2009] O.J. No. 432 (Quicklaw), 246 O.A.C. 37 (C.A.)

Entitlement on Death

Family Law Act, subs. 5(2) and s. 6

Payne, C.F.L., 697-700


, ss. 10 and 14

658


, [1990] 1 S.C.R. 70

v. McNamee, 2011 ONCA 533, [2011] O.J. No. 3396 (C.A.) (Quicklaw)


Schreyer v. Schreyer, 2011 SCC 35, [2011] S.C.J. No. 35 (Quicklaw)


, ss. 5 and 7

662



690


, sub. 5(6)

696


, subs. 5(2) and s. 6

700

11



, [1990] 1 S.C.R. 70






Property; Pensions; Valuation; Pre-Marital Deductions; Excluded Property



, subs. 5(2) and s. 6






Triggering Events for Equalization of Net Family Properties; Limitation Periods


Marital Deductions; Excluded Property







Properties; Limitation Periods














VI

13. Financial Disclosure; Mandatory Property and Financial Statements

14. Powers of Court; Retrospective Operation; Prejudgment Interest

VIII POSSESSION AND DISPOSITION OF MATRIMONIAL HOME UNDER PART

TWO

1. Jurisdiction

2. Definition of Matrimonial Home; Designation of Matrimonial Home

3. Disposition of Matrimonial Home

4. Possession of Matrimonial Home; Variation Proceedings; Effect of Death;

Registration Against Land; Situs

5. Occupation Rent and Accounting Claims

Financial Disclosure; Mandatory Property and Financial Statements


Powers of Court; Retrospective Operation; Prejudgment Interest


POSSESSION AND DISPOSITION OF MATRIMONIAL HOME UNDER PART TWO OF ONTARIO FAMILY LAW ACT

Jurisdiction

Family Law Act

Definition of Matrimonial Home; Designation of Matrimonial Home


Disposition of Matrimonial Home


Possession of Matrimonial Home; Variation Proceedings; Effect of Death;



Occupation Rent and Accounting Claims

Higgins v. Higgins Payne, C.F.L., 708



Payne, C.F.L., 700-701


Family Law Act, ss. 9, 11, 12 and 13

Payne, C.F.L., 702-708

POSSESSION AND DISPOSITION OF MATRIMONIAL HOME UNDER PART OF ONTARIO FAMILY LAW ACT

Jurisdiction

Family Law Act, s. 1(1)



Payne, C.F.L., 709-710


Family Law Act, ss. 21, 22 and 23

Payne, C.F.L., 710




Payne, C.F.L., 710-716


Higgins v. Higgins, [2001] O.J. No. 3011 (Sup. Ct.) (Quicklaw)

Payne, C.F.L., 708-709


701


9, 11, 12 and 13

708


, s. 1(1)


, ss. 18 and 20

710


, ss. 21, 22 and 23



, ss. 19 and 24

716


[2001] O.J. No. 3011 (Sup. Ct.) (Quicklaw)

709

12



9, 11, 12 and 13



, ss. 21, 22 and 23






POSSESSION AND DISPOSITION OF MATRIMONIAL HOME UNDER PART














IX

6. Partition and Sale

7. Severance of Joint Tenancy

IX DOMESTIC CONTRACTS

1. Marriage Contracts, Cohabitation Agreements, Separation Agreements

2. Formal Requirements; Capacity to Contract

3. Setting Aside Domestic Contracts;

4. Incorporation of Terms of Domestic Contract in Judgments

5. Filing, Enforcement, Variation and Termination of Support Provisions of

Domestic Contracts

Partition and Sale

Martin v. Martin

Severance of Joint Tenancy

Hansen Estate v. Hansen,

DOMESTIC CONTRACTS

Payne, C.F.L.,

Marriage Contracts, Cohabitation Agreements, Separation Agreements


Formal Requirements; Capacity to Contract


Setting Aside Domestic Contracts;

Family Law Act Payne, C.F.L., 75 LeVan v. LeVan

Incorporation of Terms of Domestic Contract in Judgments

Payne, C.F.L., 8

Filing, Enforcement, Variation and Termination of Support Provisions of

Domestic Contracts


Partition and Sale

Martin v. Martin (1992), 8 O.R,.(3d) 41 (C.A.)


Hansen Estate v. Hansen,

DOMESTIC CONTRACTS



Family Law Act, ss. 51, 52, 53 and 54






Family Law Act, s. 56 and subs. 33(4)

Payne, C.F.L., 75-81 and 84

LeVan v. LeVan, [2008] O.J. No. 1905 (Quicklaw), 51




Domestic Contracts

Family Law Act, ss. 35, 37 and 38


(1992), 8 O.R,.(3d) 41 (C.A.)


Hansen Estate v. Hansen, 2012 ONCA 112, [2012] O.J. No. 780(C.A.)(Quicklaw)

DOMESTIC CONTRACTS

89


, ss. 51, 52, 53 and 54

72


s. 55

75


, s. 56 and subs. 33(4)

81 and 84-85

, [2008] O.J. No. 1905 (Quicklaw), 51


6


s. 35, 37 and 38

89

13

(1992), 8 O.R,.(3d) 41 (C.A.)

2012 ONCA 112, [2012] O.J. No. 780(C.A.)(Quicklaw)


, ss. 51, 52, 53 and 54



, s. 56 and subs. 33(4)

, [2008] O.J. No. 1905 (Quicklaw), 51



s. 35, 37 and 38

(1992), 8 O.R,.(3d) 41 (C.A.)








R.F.L. (6th) 237 (C.A.)





R.F.L. (6th) 237 (C.A.)



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Syllabus Family Law Ontario - Federation of Law Societies...

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