Annual Review of Family Law, 2024-2025

Authors: James McLeod, Alfred A. Mamo

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Authors: James McLeod, Alfred A. Mamo

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The Annual Review of Family Law covers select topics of interest for family law practitioners, such as:

Children's Law - decision-making responsibility, contact orders, parenting orders, parenting time, variation, assessments, and enforcement.
Child Support - standing, entitlement, the guidelines, enforcement, appeals, jurisdiction, and costs.
Spousal Support - entitlement, duration, quantum, variation, appeals, costs, and enforcement.
Family Property - division, deductions and inclusions, equalization, matrimonial home, and appeals.
Domestic Contracts - effect, validity, enforcement, interpretation, and income tax.

New in this Edition:

New case law and commentary on topics such as:

Tax consequences of a disposition of real property if the disposition is set up as a share transfer rather than a purchase of real estate - British Columbia v Peakhill Capital Inc., 2024 BCCA 246
Valuation of an interest in a company and the oppression by the majority shareholder of the minority shareholder - Walshe v Walshe, 2022 CarswellMan 440 (ManCA), affirming 2021 CarswellMan 813 (ManQB) and Mudronja v Mudronja, 2022 CarswellOnt 12688 (OntSCJ), additional reasons at 2022 CarswellOnt 18024 (OntSCJ).
An order for “occupation rent” from the spouse in possession of the matrimonial home to other spouse must be reasonable, but it need not be exceptional - Chhom v Green, 2023 ONCA 692
Trial judge’s duty to assist a self-represented litigant based on the concept of “trial fairness - Chhom v Green, 2023 ONCA 692.
Failure to provide disclosure allowed the court to draw adverse inferences and impute income - Freedman v Freedman, 2022 CarswellOnt 14188 (OntSCJ)
Appropriate procedure relating to claims being made under an Islamic marriage contract in situations where one of the parties wants to enforce the “Mehr” - Hamadanizadeh v Haydarian, 2023 CarswellOnt 14002 (OntSCJ)

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