Wolfson v Wolfson, 2021 NSSC 260 Justice Forgeron Issues: Unequal division of assets | Matrimonial property The couple was married for 12 years and have two children. Mr. Wolfson owns shares in 12 companies. The companies own and manage several rental properties. Mr. Wolfson sought to have the shares classified as business assets to exclude […]
Green v Green, 2021 NSCA 61 Justice Bourgeois Issues: Custody | Appeal | Late Application The parties were involved in a high conflict divorce. At trial, the judge awarded primary care to the mother, and specified access for the father. The father sought to appeal the trial decision on the grounds that his contempt applications […]
S.S. v. J.G., 2021 NSSC 228 Honourable Justice Pamela A. Marche Issues: Shared custody v Primary Care | Best interest test | Retroactive child support | Voice of child report | s.7 Health Insurance Premiums | Child support At a variation application, the mother sought primary care and final decision making, and the father sought […]
The recent decisions in Michel v Graydon, 2020 SCC 24 and Colucci v Colucci, 2021 SCC 24 have changed how the courts address applications for retroactive child support and the rescission of child support arrears. The new approach to retroactive child support intertwines the principles of leading cases to create a simplified framework. The framework […]
Colucci v. Colucci, 2021 SCC 24 Martin J., Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe and Kasirer JJ. Concurring Issues: Retroactive child support | Rescinding child support arrears This Supreme Court of Canada decision created a new approach to retroactive child support and arrears. The parties had a nine-year marriage. The mother has […]
Our NS Family Law team provides summaries of recent cases which have appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
The New Brunswick Court of Appeal’s decision in ASL v LSL, 2020 NBCA 15, reaffirmed the high standard on judges determining child support obligations for parents with equal amounts of parenting time. Background In ASL, the parties had a separation agreement, signed shortly after their separation, which provided the parents with roughly equal parenting time […]
You have landed your dream job, but it is on the other side of the country. Your company is restructuring and your new office is in the next town. Your ailing parent requires your care – in another province. Your former spouse is in the military and is being relocated. There are many reasons why […]
A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).