L. (K.A.) v. L. (K.J.) (2017), 2017 BCSC 651, 2017 CarswellBC 1064 (B.C. S.C.)

Husband’s action in failing to pay interim child and spousal support and in not pursuing or perfecting appeal on timely basis disentitled him from continuing with appeal

The enhanced Text and Annotations Library is coming soon in September on westlaw Canada.

How is the term “ordinarily resident” interpreted with respect to the Divorce Act?

Ontario’s Superior Court of Justice set aside the arbitration award after the arbitrator had refused to grant the father’s third request for adjournment – rather than defer to the arbitrator’s discretion, the court cited the absence of consideration of prejudicial impact of an adjournment, vis-a-vis a refusal to adjourn, and found the father not to have been treated equally and fairly.

Ontario’s Court of Appeal held that the wife who recently learned of her husband’s ten-year affair should not be precluded from seeking a bigger share of family property to reflect the funds he spent for his lover.

In terms of the net proceeds of sale of the matrimonial home, what deductions will the wife be entitled to claim? See sample legal memo.

According to the husband, the parties separated three years earlier than the wife had claimed – after finding that they shared a bed at least one week a month and had sexual relations from time to time, as well as other indications, the court agreed with the wife and set the valuation date accordingly.

According to motions judge, as well as Ontario’s Court of Appeal, no person was to have custody or access rights to the parties’ children, aged 16 and 18, and access to information about each was entirely within that child’s control

This Sample Famly Law Memo analyzes the legal issue of whether a spouse is intentionally underemployed or unemployed such that it will impute the income for the purpose of calculating child support.

The appellate court overturned the decision not to return the children to Germany, a decision based on an assessment of the children’s best interests rather than on their habitual residence under the Hague Convention.

Where an appellant wishes to be relieved of trial-ordered obligations pending appeal, the appellant should bring a stay motion, lest the appellate court refuse to hear the appeal until all outstanding spousal support has been paid.