SMP Law – 2021 Year In Review
SMP Law takes a looks back at some significant cases in 2021:
Superior Court Level – Father granted equal physical parenting time, release of funds from matrimonial home, and support after father loss of employment
Client’s former lawyer retired in the midst of this litigation. Soon after SMP Law obtained the file, we were able to resolve the issues in the client’s favour without a trial. Child support and arrears were reduced due to due to his health reasons. SMP Law also received a cost order in favour of the client and an order granting the client equal physical parenting time of the parties’ children.
Superior court Level – Sale of home, lump support, post separation expenses, and parenting of children
SMP Law successfully defended the mother’s claim to reside in the matrimonial home indefinitely. The home was listed for sale in accordance with the father’s motion and the father received primary care of the children. The matter was resolved without a trial.
Superior court Level – Spousal support
SMP Law successfully defended the wife’s claim to impute an income to the husband due to her belief that he was underemployed or was terminated for cause. The matter was resolved without a trial, in favour of the husband.
Superior Court Level – Successful motion to sell matrimonial home with costs against the other side
The client’s request for the sale of the matrimonial home was repeatedly denied prior to SMP Law’s involvement. Once SMP Law was retained, the matter was quickly brought to a motion and the house was listed and sold in accordance with SMP Law’s client’s wishes. SMP Law also received a cost order in favour of the client and an order granting the client equal physical parenting time of the parties’ children.
Superior Court Level – Adult child support, transition period for child to obtain employment, motion to change
The father brought a motion to change seeking to end child support for the adult child. SMP Law successfully defended father’s motion resulting with child support remaining in place for a transition period for the child to obtained employment. The matter was resolved without a need for a trial.
Superior Court Level – Successful motion for support with costs against the other side
The client had repeatedly sought child support from the father only to be repeatedly denied. SMP Law was retained and was successful at the motion as the father was ordered to pay cost.
Superior Court Level – Marriage contract valid, binding and enforceable, Granted leave for Summary Judgment
SMP Law’s client entered into a marriage contract confirming that the husband had no interest in her home. Six years later, the husband attempted to set aside the marriage contract alleging that he did not understand the contract and he did not receive independent legal advice, and that due to the wife’s failure to provide financial disclosure at the time of execution. SMP Law successfully defended the husband’s claim and the marriage contract was deemed valid.
Superior Court Level – Parental Alienation, blackout period, Family Bridges Program
SMP Law’s client was alienated from his daughter for over 7 years and was granted sole parenting of the child with a black out period to the mother due to her alienating behaviour. The father and child to enter into therapy with Family Bridges Program.
The client had unsuccessfully attempted to address the mother’s alienating behaviour for over 7 years of litigation. In the last year, the father retained SMP Law and without a trial received a consent order granting the father sole decision making of the child and a blackout period preventing the mother from communicating with the child.
Superior Court Level – Equal division of property, survivor benefit pension issue
The parties were married under six years, SMP Law successfully defended a claim for unequal division of property as the wife took the position that the marriage date was the date the parties actually resided together and not the date of the parties’ marriage. The wife also disputed the equalization issue due to her receiving a survivor benefit payment.
Superior Court Level – Date of marriage asset
The wife argued that the date of marriage asset included the total value of her prebuilt home, however, SMP Law confirmed that the value is only the down payment, as the wife did not have ownership of the home. SMP Law also addressed the proper treatment of joint accounts with a spouse’s parent.
Superior Court Level – Child support from foreign employment, division of foreign property and equalization
The parties resided outside of Ontario until the mother and children returned to Ontario. The separation occurred while the mother was in Ontario. The father is employed out of the country and refused to pay support and equalization due to his belief that Ontario lacked the proper jurisdiction to address the issue. SMP Law successfully defended the father’s claims and client was granted support and an equalization payment without the need of a trial.
Ontario court Level – Motion to change father’s support due to change of circumstances in income due to illness
The client retained SMP Law to address his spouse’s request to impute income to him despite his health issues and concerns. SMP Law successfully defended the spouse’s claims and the matter was resolved in SMP Law’s client’s favour as his income was adjusted accordingly.
Ontario court Level – Defence of motion to change
The father brought a motion to change seeking termination of child support for adult children. SMP Law successfully defended the motion on behalf of the mother and the result was the father paying a global settlement to the mother which included retro child support and post secondary education expenses as well as the mother’s legal cost. This matter was resolved without a trial.
Ontario Court Level – Common law spouse entitled to sale of the home and equal equity in the home
The common-law spouse refused to consent to the sale of the home. SMP Law was retained to bring a motion. The matter resulted successfully as the father received his half of the equity in the home as the spouse elected to purchase his interest for fair market value.
SMP Law is always here to help SiMPlify your legal matter and answer any of your questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.