Tort of Family Violence? – Recent developments in Family Law: Ahluwalia v Ahluwalia 2022 ONSC 1303
Content Warning: The following article includes references to domestic violence and intimate partner violence which may be uncomfortable or upsetting for some readers. If you are in need of support, you can find several resources here. If you’re in immediate danger, call 911.
Intimate partner violence is a social problem in Canada. It manifests in various forms, including physical assaults, psychological abuse, financial abuse and intimidation. According to Statistics Canada, nearly half of women and a third of men have experienced intimate partner violence and rates are on the rise. But, given the continuing prevalence of domestic violence in the community, only a tiny fraction of potential tort claims are ever advanced. Many litigants are unaware that tort options exist. This article aims to bring an awareness of the tort options available to victims of intimate partner violence and to discuss recent developments in family law, particularly the ‘’novel tort’’ of family violence.
Can A Cheating Clause Be Included in Prenups?
Prenuptial agreements, often colloquially referred to as "pre-nups," are contracts entered into by individuals who are intending to marry. They commonly deal with financial matters, such as property division if a marriage comes to an end. A prenup answers the ‘’who gets what’’ question at the end of a marriage. The aim of these agreements is to exclude the application of the Family Law Act (FLA) property regime at the termination of a marriage. It must be noted, however, that spouses are not restricted to only deal with property division or financially related issues in their prenups. Issues dealing with, for example, pet custody, dispute resolution, and inheritance may also be incorporated into a prenup.
Recently, there has been debate regarding the inclusion of so-called "infidelity clauses" in prenuptial agreements. Further, it is uncertain whether such clauses are enforceable.
What is My Date of Separation?
Your date of separation marks the end of your marriage or common-law relationship. It is important to keep track of this date because it affects your rights to the division of family property, family debt, child support, and spousal support.
The following article will guide you through determining and proving your date of separation and explain why this date is significant.
Supreme Court of Canada Case Recap: Anderson v. Anderson
On May 12, 2023, the Supreme Court of Canada rendered judgement that clarified when courts must consider certain domestic agreements when dividing family property under Saskatchewan’s Family Property Act. This blog post will outline the events in this family case and will also comment on how the Anderson v. Anderson, 2023 SCC 13 judgement will impact how the courts in BC treat agreements between spouses moving forward.
How will divorce affect my children?
Navigating divorce isn't only about dividing assets. For many parents, the overarching concern is often the impact divorce will have on their children. You can easily find a myriad of opinions on the subject, with some individuals claiming that divorce is always bad for children, while others argue that if parents are unhappy in a relationship, children will be too. The answer to how divorce will affect your children depends on a myriad of factors, which we’ll explore below.
Understanding Parenting Orders: Guardianship, Custody, Contact, and More
There is a lot of terminology used throughout family law proceedings that can be difficult to keep track of. This is heightened by legislative changes and certain differences in terminology used between the provincial Family Law Act and the federal Divorce Act.
Understanding the basic terminology and the orders you can seek in court can help you to ensure the best outcome for you and your children. It is typically a good idea to hire a lawyer to help you navigate your family law dispute, but the following blog provides a brief overview of the key terms and the types of court orders that you may seek.
Joint Guardianship Models: Joyce Model vs the Horne Model
When you and the other parent of your child separate, one of the common issues that may be difficult to resolve is who gets to make decisions about the child moving forward. Sometimes, you and your former spouse may be able to make decisions about the child, or children, together. You may also be able to come to an agreement about who gets to make such decisions.
Enforcement of Family Law Orders
A family law order, or agreement that is filed in court and treated like an order, is legally binding. That means all parties involved must do what the order or agreement says.
If another party is refusing to follow a family law order, you can apply to the court to enforce that order. For example, if your child’s parent is refusing to pay child support or fails to show up for their regularly scheduled parenting time, a court may step in to intervene and ensure the order is followed.
Child Support Obligations if a Parent’s Income is Over $150,000
Child support calculations can be complicated and daunting, especially if particularly high incomes are involved. When determining the amount of child support a parent is obliged to pay, an income over $150,000 is considered an exceptional circumstance. The following blog will set out the law on how child support is determined in such a situation.
Appealing Family Law Orders
When a family law order or interim order does not turn out the way you wanted, or fails to reflect your perception of the circumstances, this can be frustrating and disheartening. You may be wondering what rights you have to challenge the decision, including whether you can appeal the order. The following blog will consider when a family law order can be appealed, including how to initiate such an appeal.
The Tort of Family Violence
One of the most pressing concerns for the family justice system today is how to adequately prevent, address, and support survivors of family violence. The following blog will consider the emerging tort of family violence, which, if fully accepted by the family justice system, would allow survivors of family violence to seek compensation for the harm they have faced.
Unfortunately, courts have yet to adopt the tort of family violence as being distinct from existing torts of assault and battery, holding back the justice system from truly recognizing and responding to this unique context of irreparable harm.
Spousal Support Obligations for High Income Earners
When a relationship breaks down, managing your finances and understanding your rights and obligations can be incredibly stressful. In some situations, your lifestyle may change quite significantly without sharing finances with your former spouse. This may be especially the case where your former spouse earns a particularly high income.
The following blog provides a brief overview of how spousal support is typically determined for high income earners, which may be helpful if you are thinking about separation or divorce or trying to come to an agreement with your former spouse. However, you should consider hiring a lawyer to help you navigate the emotional and legal complexities of obtaining your entitlements, especially in cases of contested spousal support obligations.
Jurisdiction and Forum: Which Law Applies, and Which Court Should I Go To?
Canada’s system of federalism means that sometimes our federal and provincial governments have overlapping or shared jurisdiction over certain matters. If you are thinking of separating or getting a divorce, or exploring your options for a parenting order or child support, you may have noticed that there seem to be a lot of different laws and courts which coexist in the area of family law. The following article will explain the differences and similarities between the two primary family law statutes in British Columbia and the two primary courts which preside over family law matters.
Parental Alienation
Content Warning: The following article includes references to domestic violence and intimate partner violence which may be uncomfortable or upsetting for some readers. If you are in need of support, you can find several resources here. If you’re in immediate danger, call 911.
The terms “parental alienation” and “parental alienation syndrome” are becoming increasingly common in family law litigation. As a controversial issue in family law, it is important to understand what these terms mean and how they might arise.
Can I Relocate with my Child? The Legislative Framework and Barendregt Decision
There are a variety of reasons why you may wish to move locations with your child. However, if you are divorced or separated, it’s important to note that the Family Law Act sets out specific set of rules designed to ensure that any relocation is in the best interests of the child.
If you are planning to relocate with your child, be sure to review the rules set out by the Family Law Act to ensure that a court would allow you to make this move.
“Best Interests of the Child” – The Guiding Principle of Family Law
You are probably familiar with the term “best interests of the child”. It’s a term used frequently in family law and serves as an incredibly important guiding principle. But what does it mean, and how do we determine what is in a child’s best interests?
The following article will provide an overview of the best interests of the child principle and how it is applied under both the federal Divorce Act and the British Columbia Family Law Act.
Understanding Child Support in British Columbia
There are many misunderstandings about child support. Whether you are separated or divorced from your child’s parent, considering separation or divorce, or even preparing to have children with your current partner, it’s important to understand these continuing financial obligations.
Who Gets the Pet? Legislative Changes Regarding Companion Animals Now in Effect
Anyone who has a pet knows that these adorable creatures are part of the family, too. For many years, animal law and family law professionals alike have been advocating for amendments to the Family Law Act that will better reflect the way in which pets form an integral part of diverse, modern families.
As of January 15, 2024, these long-awaited amendments have finally arrived. In a landmark legislative measure, the British Columbia Family Law Act has been amended to provide structure and criteria to determine disputes over pet ownership and possession following a marriage breakdown.
This legislative change, following, is the first of its kind in Canada.
Empowering Change: Celebrating Women's Influence and Advancing the Future in Canadian Law
As we celebrate International Women’s Day at Illuma Law, we are taking a moment to reflect on the remarkable contributions women have made to Canada’s legal profession.
Supreme Court of Canada Case Recap: Colucci v. Colucci
On June 4, 2021, the Supreme Court of Canada rendered a judgement that rejected a parent’s claim to reduce or cancel his child support debt of $170,000.
This blog post will outline how the Colucci v. Colucci, 2021 SCC 24 judgement established a framework for courts to follow when a parent applies to retroactively vary child support, pursuant to section 17 of the Divorce Act.