The 2008 Annotated Ontario Family Law Act

Description:

• New commentary on Lowe v. Lowe, 2006 CarswellOnt 153 (Ont. C.A.), in which the Court of Appeal ruled that disability benefits should not be considered family property for equalization purposes.
• A thorough review of the support provisions under Section 33 of the Act, including proposed amendments.
• The decision of the Supreme Court of Canada in D.B.S. v. S.R.G.; T.A.R. v. L.J.W.; Henry v. Henry; Hiemstra v. Hiemstra, 2006 CarswellAlta 976, 2006 CarswellAlta 977 (S.C.C.), setting out the legal principles to be considered in granting or refusing to grant retroactive child support.
• A review of case law dealing with issues surrounding retroactive awards, including:
  • MacMinn v. MacMinn (Alta. C.A.)
  • Ennis v. Ennis (Alta. C.A.)
  • Andries v. Andries (Man. C.A.)
  • S. (L.) v. P. (E.) (B.C. C.A.)
  • S. (L.) v. P. (E.) (B.C. C.A.)
• New case law and commentary on the calculation of income for the purposes of support under the Child Support Guidelines.
• Newly reorganized case law on special or extraordinary expenses under the Guidelines.