Recently, the Government of Canada has introduced Bill C-78 to amend the Divorce Act, which will be the most significant change to that Act in over 20 years. Some of the changes are welcomed by the Family Bar, while others might just be window dressings (with little or no real impact). The changes that will have the most impact on the Family Bar (and divorcing parties) include: changes in terminology for "custody" and "access"; codification of some of the “best interest of t

Justice Danyliuk recently wrote a decision in Henderson v Henderson, 2016 SKQB 282, which serves as a harsh reminder that in the eyes of the law, dogs, cats and other pets are considered property. While everyone is likely familiar with custody (i.e., decision making rights) and access (i.e., visitation rights) in the context of separating couples fighting over their children, we are seeing more and more couples that do not have children, fighting over their beloved pets (som

In January 2012, the media began reporting on a same-sex couple who came to Canada seeking a divorce. They had been married in Canada back in 2005, but separated in 2009. One lived in Florida while the other resided in the United Kingdom. Florida has a constitutional ban on same-sex marriage, and the United Kingdom (at the time) did not recognize same sex marriage, only civil partnerships. As such, neither one could get a divorce in their respective countries. Due to Can

Unlike other property and assets, the matrimonial home is given special consideration under the Family Law Act of Ontario. The two important features of the matrimonial home which distinguish it from other real property pertain to possessory rights (i.e., who can live in it after separation) and equalization of the value of the matrimonial home. Given these two issues, it may be beneficial for you to know that based on your unique facts and situation, you may have one matr