DCB Family Law News

1. Rodica David –Tribunal Chair:

Rodica has always been interested in helping her community. She has recently been reappointed to continue as a Chair of the University of Toronto Tribunal, a position that she has held since 1990. The Tribunal hears cases against students for breach of the University of Toronto Code of Behaviour on Academic Matters. On June 28, 2010, she delivered a talk to newly appointed members of the Tribunal on the structure of hearings and the role of the Tribunal Chair.

2. Interesting Cases:

a. High income earners may have to pay very high child support under the Child Support Guidelines

Desrochers v. Tait (Ontario Superior Court of Justice)- one of the highest awards for child support - $36,000 per month for a 3 year old child based on the father’s 2008 income of approximately $6,600,000.

Ewing v. Ewing (Alberta Court of Appeal)
- some arguments against such high awards.

b. The test in Miglin v. Miglin

-for upholding spousal support provisions of a Separation Agreement has been extended to property settlements:

Rick v. Brandsema (Supreme Court of Canada)

c. If you are paying spousal support, you hope that you can stop paying. However, may have to continue to pay even if your spouse remarries.

Bhupal v. Bhupal (Ontario Court of Appeal)

d. It is possible but difficult to keep your personal information confidential and out of the court’s public record.

Josephson v. Hanna (Ontario Superior Court of Justice, 2010 ONSC 407)
e. If you have chosen not to pursue financial disclosure from your spouse before signing a Marriage Contract, you may not be able to rely on shortcomings in disclosure to set aside a Marriage Contract.

Butty v. Butty (Ontario Court of Appeal)