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 the May cases which appeared in the Nova Scotia Supreme Court and the Nova Scotia Court of Appeal.
Parliament passed Bill C-78, an Act to Amend the Divorce Act, which received Royal Assent on June 21, 2019 and came into force March 1, 2021, amending the Divorce Act RSC 1985 c 3 (hereinafter referred to as the “Act”). The amendments to the Divorce Act are substantial, the first significant updates to the Act […]
The breakdown of a marriage or relationship can be an overwhelming and tense time for the family unit. It is a financial, emotional and legal crisis. A drawn out legal proceeding can come at a high financial and emotional cost and it can further damage an already strained relationship. While an aggressive legal strategy may […]
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 area of law where family and taxes cross paths can be difficult to navigate. This article will outline the most relevant income tax issues facing couples who are separating or people considering separation. Child Related Tax Issues The Canada Child Benefit This is a tax-free benefit paid to parents monthly, available to both separated […]