In support cases, one party will sometimes ask the court to treat the other as though they earn an income they are not actually earning — for example, arguing that a spouse who is not working should be treated as earning at least minimum wage. This is called imputing income. What often gets missed is...Read More
In an Ontario family case, a motion is not usually the first step. The rules push parties toward a case conference first, on the view that most cases settle there and that opening with a motion produces an affidavit war that damages everyone, the children most of all. The approach works. The large majority of...Read More
Two business people agreed to work together on a large government order and to split the profits between them. They did it over text messages and phone calls, across a few days. A written agreement was drafted. It was never signed. When the relationship broke down, the company that walked away argued there had never...Read More
Every family lawyer gets asked this. Usually the client has already done it and wants to know whether it helps. Sometimes there are months of recordings sitting on a phone before anyone thinks to ask. A recent Ontario decision admitted secretly recorded phone calls in a family case, and it is being passed around as...Read More
