How is the Money from the Sale of a House Divided in a …

August 30th, 2017

Family lawyer John Schuman was recently asked this question: I bought my home in 1995 and it became the matrimonial home when i married my husband in 2009. I’m filing for divorce now and selling the house. Is the money from the sale of the house split 50/50 or will I receive a bit more […]

 

Motion for Case Transfer, Access and Custody

March 5th, 2015

Family law lawyer John Schuman was recently asked the following: “My husband and I are separated. It will be one year in March. I am the applicant and I started my case at the Ontario Court of Justice since I was not aware that I cannot file for divorce or property division in that court. […]

 

Execution Creditors and the Distribution of Surplus Pro …

January 30th, 2015

The recent decision of the Ontario Court of Appeal in The Toronto-Dominion Bank v. Phillips et al. (2014) ONCA 613 (CA) includes interesting findings on how to distribute surplus proceeds when a property is sold by power of sale and the spouses, who had jointly owned the property, have since separated, one of them has […]

 

Division of the Matrimonial Home and Net Family Propert …

January 29th, 2015

Toronto family law lawyer John Schuman was recently asked the following question: “I was married for 24 years and moved into my husband’s house. All of my paycheques for all of those years went into a joint savings account. The house was willed to him and his 2 sisters and has an assessment value of […]

 

ONCA Weighs in on Married Spouses and Property Division

August 20th, 2014

In a recently released decision, the Ontario Court of Appeal once again tackled the issues of setting aside a domestic contract, unjust enrichment in the context of married spouse, and the remedial framework to be applied where either of the two is present. In Martin v. Sansome, the Court was faced with a factual scenario […]

 

Excised Tissue Belongs to Hospitals: Ontario Superior C …

July 28th, 2014

In an interesting and novel decision, the Ontario Superior Court has ruled that human tissue excised from a patient during a medical procedure is property and, beyond that, is the property of the hospital that removed it. In Piljak Estate v. Abraham, the plaintiff alleges that the defendant doctor negligently conducted a colonoscopy on Ms. […]

 

Can I Sue for Breach of Promise to Live Together

July 14th, 2014

Ira Marcovitch, Summer Law Student For this edition of my blog, we are digging through the jurisprudential vaults to answer an interesting question: can you sue somebody for breaching a promise to live together? While an academic point for most of us, I’m sure there are a few spurned partners and roommates for whom this […]

 

Buying a House Before Marriage?

June 25th, 2014

Ivan Merrow, Summer Law Student According to a 2013 study by Coldwell Banker, one in four couples under 35 purchase homes together before getting married [1]. One reason is that rising property rates, student debt, and low salaries have made it difficult for people aged 18 to 30 to afford a house on their own […]

 

In common-law break up, do you own half the house if yo …

June 18th, 2014

In common-law break up, do you own half the house if you paid half the bills (but are not on title)? Under Ontario Law, only married couples have property division on separation.  Common law couples do not. However, if you have contributed to the property more than you would have paid for rent to live […]

 
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