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Family Law

Droit de la famille — 161621, 2016 QCCS 3146 (CanLII)

July 6, 2016 Issue: How should the custody and access rights to the children be established?  Complete Decision. The Facts: The parties were married September 16, 2006. Four children were born from their union.  On January 9, 2014 the parties separated. Under their July 2014 agreement, the mother has custody of the children and the father has […]

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R.P. v. R.C., [2011] 3 SCR 819, 2011 SCC 65 (CanLII)

Issue: Under what conditions can a previous court order regarding spousal support be modified? Complete Decision. The Facts:  The parties were married 26 years.  In 1991, after the children no longer resided with the wife, the husband was ordered to pay indexed spousal support of $2,000 per month.  In 2006, he retired and sold the house where […]

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Boston v. Boston, [2001] 2 SCR 413, 2001 SCC 43 (CanLII)

Issue:  Whether the payor of spousal support who retires, is entitled to seek the reduction of  support payments on basis that the pension being received was previously considered in equalization of matrimonial property.  Complete Decision. The Facts: The parties were married 36 years.  On the divorce, their assets were equally partitioned resulting in each receiving approximately […]

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Rick v. Brandsema, [2009] 1 SCR 295, 2009 SCC 10 (CanLII)

Issue:  Whether a separation agreement can be set aside after divorce. The Facts: The parties were married 29 years and had 5 children.  Complete Decision. They were each represented by lawyers for their divorce and used mediators during the negotiation of their separation agreement.  A year after the divorce, the wife asked that the separation agreement […]

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Droit de la famille – 09408, 2009 QCCA 397 (CanLII)

The Facts: The parties were married 11 years.  Complete Decision. They separated in 2004 when the wife (Respondent) was 37 years of age and held an engineering degree.  At the time of the divorce in 2009, the Respondent was 41 years of age having made no efforts to find employment.  In 2007, Respondent enrolled in a […]

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Droit de la famille – 081850, 2008 QCCS 3494 (CanLII)

The Facts: The parties were married 8 years.  Complete Decision.  The wife received spousal support for 5 years since their separation in 2003.  The husband earned $30,000 per year.  In 2005, the wife completed her training as a pharmaceutical technician. Decision: After 3 years of seeking employment limited only to pharmacies, the Court finds that […]

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Droit de la famille – 081020, 2008 QCCS 1825 (CanLII)

The Facts: The parties were married 7 years and separated in 2006.  Complete Decision.  At time of marriage each party was employed.  After the birth of their 2nd child in 2002, the wife stopped working.  The husband earned $79,000 per year.  Spousal support of $1,200 per month is ordered at the interim and provisional stages. […]

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Droit de la famille – 132498, 2013 QCCS 4443 (CanLII)

The Facts: The parties are parents of 2 children.  The mother enrolled the children in private school against the father’s wishes.  Complete Decision  The parties settled the divorce with a consent to judgement.  However, in the consent the mother did not  claim the fees for private school which she paid alone.  Six years later, the mother claimed a contribution […]

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Droit de la famille – 15130, 2015 QCCA 215 (CanLII)

The Issue: Shared custody 18 month child.  Complete Decision. The facts: A father appeals a judgement refusing shared weekly custody of the 18 month daughter.  The father had parental capacity.  The trial judge establishes gradually increasing access rights to arrive at shared custody (7/14 days) in 2018 when the child is 5 years old. Decision: […]

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Droit de la famille – 133568 2013 QCCA 2182 (CanLII)

The Issue:  Child maintaining close relationship with both parents.  Complete Decision. The interest of the child commands a priori that the child have a relationship as close as possible with his two parents.  The Court of Appeal maintains the judgement of first instance which granted custody of the 4 year old child to the father […]

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