Archives for December 2015
Since most schools around the GTA are closed for holidays, here are some links we hope will be helpful for families looking for things to do:
a) events around Toronto: http://www.toronto.com/guides/holiday/
b) events in Brampton and Mississauga: http://www.bramptonguardian.com/brampton-on-events/
Rule 12(6) of the Family Law Rules provides that a court, on motion, may make an order splitting a divorce from the other issues in a case if:
(a) neither spouse will be disadvantaged by the order; and
(b) reasonable arrangements have been made for the support of any children of the marriage.
The onus of establishing that one spouse will not be disadvantaged by a divorce order rests upon the party seeking the severance of divorce from other corollary relief. If this onus is not met, the court will not sever divorce.
One of the reasons for the breakdown of a relationship is adultry. Dr. Janne Lomasky states the following reasons as to why some people cheat:
1. Lack of attention and intimacy: people need and desire intimacy, physical touch, and emotional attention. When such is not received from one’s significant, one will seek it from others.
2. Revenge: people who have been cheated on may cheat in retaliation.
3. Low self-esteem: When one feels insecure about her/himself, they may have a need to seek validation from others.
4. Feeling under-appreciated: if one does not feel appreciated, they may look elsewhere to feel appreciated.
In the recent Gorska v. Gorski (2015 ONSC 7522) decision, the Superior Court of Ontario dealt with the issue of retroactive support. The court cited the Supreme Court of Canada’s decision in D.B.S. v. S.R.G., 2006 SCC 37 (CanLII),  2 SCR 231 [D.B.S.], which is considered to be the leading authority on the issue of retroactive support. The following factors are taken into account when making a determination on retroactive support applications:
1. Reasonable excuse for why support was not considered earlier;
2. Conduct of the payor parent;
3. Circumstances of the child; and,
4. Hardship occasioned by the retroactive order.
An award for retroactive support considers the date when the recipient gave the payor effective notice of his or her intention to seek support payments.
If a court is not provided with sufficient evidence to complete the analysis of the factors stated above, for instance, a date for effective notice, or circumstances of the children during the period that support was not paid, retroactive support may not be awarded and may be left to be dealt with at trial.
The Superior Court of Ontario recently decided on the issue of honouring the marriage contract signed by the parties and directing one of the parties to apply for Iranian divorce.
In determining whether or not the a party is entitled to the payment of Maher, the courts look to see if the marriage contract was made in writing, signed by both parties, witnessed, had a certificate of the officiant at the marriage, and was entered into by the parties on their own free will, understanding the promises made under it.
The order for a direction for application for an Iranian divorce needs to be sought by the requesting party in their pleadings. Courts may direct one of the parties to apply for Iranian divorce and may direct them to execute all divorce documents required for an Islamic divorce, especially if a Canadian divorce is already granted.