Are you planning a family vacation abroad with your children? If you are travelling without the child’s other parent due to a separation or divorce, there are various matters to consider before packing your bags, as issues may arise when crossing the Canadian border with your children alone. To ensure your trip runs smoothly, it is critical to be proactive in obtaining the necessary paperwork and documents you may need throughout your travels, including travel consent forms. This blog post will explain what travel consent forms are and will explore commonly asked questions regarding these docu ..read more

Alternative dispute resolution is an alternative to the standard dispute resolution form of going to court and includes the options for parties to negotiate, mediate, or arbitrate their dispute. In Ontario, you can also take part in mediation-arbitration (sometimes referred to as med-arb) and collaborative family law. Alternative dispute resolution has many benefits and can be particularly useful in family law scenarios where the parties wish to amicably resolve their issues without the intervention of a court. Whether you have a dispute over property division, support payments, or parenting p ..read more

Boulby Weinberg LLP is proud to announce that three partners, Sarah Boulby, Oren Weinberg, and Kenneth A. Fishman, have been named to the 2024 edition of The Best Lawyers in Canada. Following its first publication in 1983, Best Lawyers has quickly become universally regarded as the definitive guide to legal excellence. Best Lawyers – Recognizing Excellence for Over 40 Years “Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession,” said Best Lawyers CEO Phillip Greer. “We are proud to continue to serve as the most rel ..read more

Sometimes, a trial is not a necessary measure to take in a family law matter. Trials can be costly and time-consuming, so when they can be avoided it is beneficial to all involved. A summary judgment motion can allow courts to make a final order where there is no genuine issue requiring a trial. This is only an option if the summary judgment motion can achieve a fair and just process that enables the judge to make the required findings. In other words, a party cannot be disadvantaged by the decision not to go to trial. Courts have determined that the rules pertaining to summary judgment motion ..read more

Determining the income available for child support or spousal support can be complicated when the payor’s income is irregular. Income can be earned through various payment structures and may include dividends or bonuses in addition to a base income. When calculating income, all forms of compensation and additional revenue sources must be included in order to accurately reflect the amount of support available. However, even where the parties agree that these other sources of income should be included for the purpose of settling a quantum of support, there can still be issues around how and when ..read more

Boulby Weinberg LLP is thrilled to announce that its partners, Sarah M. Boulby and Oren Weinberg, have been ranked as top Ontario family lawyers by Lexpert®. To be included in The Canadian Legal Lexpert® Directory is an acknowledgement of a lawyer’s excellence by their peers and colleagues. The value and prestige of being a “Lexpert®-ranked” lawyer are demonstrated by the legal profession’s high level of participation in the Lexpert® survey. This year, the overall national response rate from law firm practitioners was 76.28%. Lexpert® rankings and awards are recognized throughout the Canadian ..read more

Where spouses jointly own a home and one moves out following a separation, the remaining spouse may be asked to pay occupation rent to the spouse who left as they continue to enjoy the property. However, occupation rent will not be available to every party who leaves their residence and will only be granted where courts deem it reasonable. When evaluating a claim, occupation rent is not considered on its own. Instead, judges will consider various factors and the totality of the parties’ circumstances when deciding whether the remedy is warranted.  Occupation Rent Can Help Parties Achieve ..read more

When deciding parenting time and contact with a child, courts may grant an order defining the terms of contact. Courts can determine how much contact will be in the best interests of the child, which may not be equal between the parents. In some cases, a parent may ask for an order that the other parent’s contact be supervised. Generally, contact with a child should be free from supervision as supervision can interfere with the parent-child relationship. However, supervision can be justified after considering the child’s safety and well-being.  Courts Take a Holistic Look at Children and ..read more

A party who believes a court made an incorrect decision concerning an issue in their case may wish to appeal that decision. They may also want to introduce new evidence on the appeal to establish facts that would bolster their case or that may impact the correctness of the original ruling. The admission of new evidence on appeal is discretionary but may be appropriate if specific criteria are met. In a recent decision, the Supreme Court of Canada outlined how new evidence relevant to the child’s best interests should be handled on appeal. The Criteria for Admitting New Evidence Rule 38(29) of ..read more

Following separation, parties will likely think about the value of family property. But it is also important to account for the debt and liabilities that either spouse has accrued. Any liabilities that a party maintains can affect the outcome of equalization. In some circumstances, courts will not recognize the face value of a debt, so it is important to recognize how courts might value a spouse’s liability. Equalization Payments Ensure Equal Value In Net Family Property Valuation of a spouse’s debt is important for purposes of equalization, which is the statutory framework for the division of ..read more