In the past 18 months, we have seen significant developments in jurisprudence on a variety of family law issues. In addition, a number of cases have come out that, while not strictly related to family law, should be kept in mind. The following are the top ten noteworthy cases that every family law lawyer should know about. Several are Supreme Court cases that will be of interest to family lawyers across Canada. CanLII links are included where available.
- Kerr v. Baranow and Vanesse v. Seguin (2011, S.C.C.) – Joint family venture
- Schreyer v. Schreyer (2011, S.C.C.) – Effect of discharge from bankruptcy on property claims
- Thibodeau v. Thibodeau (2011, Ont. C.A.) – Impact of bankruptcy on equalization payment
- Hansen Estate v. Hansen (2012, Ont. C.A.) – Severing joint tenancy by conduct
- V. (B.) v. V. (P.) (2012, Ont. C.A.) – Access
- Pollitt v. Pollitt, et al (2011 N.S.S.C. and 2011 Ont.S.C.J) – Costs and the deductibility of legal fees
- Ruffedeen-Coutts v. Coutts (2012, Ont. C.A.) – Appeals from consent orders
- Jones v. Tsige (2012, Ont. C.A.) – Tort of intrusion upon seclusion
- Van Breda v. Village Resorts Ltd. (2012, S.C.C.) – Conflict of laws: Real and substantial connection
- Harte-Eichmanis v. Fernandes (Ont. C.A.) – Jurisdiction of the divisional court
The full text of this article by Aaron Franks and Anna Rolbin of Epstein Cole LLP in Toronto can be found in the August 2012 edition of LAWPRO Magazine.