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Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday December 7, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Dec 7, 2016 at 6:27am PST

The property rights of common law spouses upon separation are not governed by any Ontario statute.

Common law spouses may . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: Social Media in Family Law Matters

BY SIMRAN BAKSHI and RACHEL SPENCE

How much is it worth to bash your spouse on social media? These days, the cost could be more than you might think.Canadian Courts have seen the use of social media as evidence in family law proceedings increase dramatically in the past few years. Westhaver v. Howard, 2007 NSSC 357, . . . → Read More: Wise Law Blog: Social Media in Family Law Matters

Wise Law Blog: Recognizing Foreign Divorces in Canada

BY PAUL B. ADAM, ASSOCIATE LAWYERIf you were divorced in a foreign country, and now plan to marry in Canada, beware.Not all divorces are created equal.For a foreign divorce to be validated in Canada, it needs to have been granted according to the law of that country, by a court of that country with the . . . → Read More: Wise Law Blog: Recognizing Foreign Divorces in Canada

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 30, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Nov 30, 2016 at 6:42am PST

Many couples live separate and apart “under one roof,” following marital separation, and do not immediately physically separate by changing . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: Dividing and Equalizing Marital Property in Ontario

BY SIMRAN BAKSHI, ASSOCIATE LAWYERThe process behind “consciously uncoupling” can be overwhelming, particularly when it comes to the division and equalization of family property.Perhaps the most common point of frustration we hear from our clients is just how daunting and confusing it can be to complete Ontario’s financial statement forms and financial disclosure, generally, that . . . → Read More: Wise Law Blog: Dividing and Equalizing Marital Property in Ontario

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 23, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Nov 23, 2016 at 6:50am PST

Ontario’s Family Law Act (FLA) governs the equalization and division of property between spouses upon marital separation.

It applies . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 16, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Nov 16, 2016 at 7:47am PST

A final Separation Agreement will document all issues that have been resolved by the parties signing it, along with . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 9, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Nov 9, 2016 at 6:56am PST

Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: Separation and Your Children’s Education

With school now back in session, what better time is there to consider how best to co-parent with your former spouse regarding your child(ren)’s education: What are best practices when co-parenting and communicating about school for young children? Your child’s school can actually facilitate the process of ensuring both parents are involved in their child’s . . . → Read More: Wise Law Blog: Separation and Your Children’s Education

Wise Law Blog: Separation and Your Children’s Education

With school now back in session, what better time is there to consider how best to co-parent with your former spouse regarding your child(ren)’s education: What are best practices when co-parenting and communicating about school for young children? Your child’s school can actually facilitate the process of ensuring both parents are involved in their child’s . . . → Read More: Wise Law Blog: Separation and Your Children’s Education

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday October 26, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Oct 26, 2016 at 7:19am PDT

A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday October 19, 2016. Today we are talking about Family Law. A video posted by Wise Law Office (@wiselaw) on Oct 19, 2016 at 7:57am PDT

In difficult custody cases, a Court may request that the Office of the Children’s Lawyer (OCL) become involved to . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday October 13, 2016. Today we are talking about Family Law. A video posted by Wise Law Office (@wiselaw) on Oct 13, 2016 at 6:37am PDT

The Child Support Guideline Table Look-up is a free tool to calculate child support payable according to the Canadian Federal . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily Lawfact from Wise Law for Wednesday October 5, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Oct 5, 2016 at 6:52am PDT

The property rights of common law spouses upon separation are not governed by any Ontario statute.

Common law spouses . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday September 28, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 28, 2016 at 6:27am PDT

Ontario’s Family Law Act (FLA) governs the equalization and division of property between spouses upon marital separation.

It applies . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday September 21, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 21, 2016 at 6:35am PDT

In addition to the basic child support payable under the Guidelines, additional amounts may be payable to cover special and extraordinary expenses incurred for a child’s daycare, medical care, education and extra-curricular activities like hockey and ballet. 

These additional expenses are shared by the parents in proportion to their respective incomes. 



– Garry J. Wise, Toronto
Visit our website: www.wiselaw.net

. . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday September 14, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Sep 14, 2016 at 6:45am PDT

The amount of child support payable by a non-custodial parent is strictly governed by the Child Support Guidelines

The Guideline tables establish basic child support obligations and are based solely on the payor’s income, number of children, and province of residence.

– Garry J. Wise, Toronto
Visit our website: www.wiselaw.net

. . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday September 8, 2016. Today we are talking about Family Law.A video posted by Wise Law Office (@wiselaw) on Sep 8, 2016 at 6:35am PDTA family law Separation Agreement is a binding legal agreement signe… . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday August 31, 2016. Today we are talking about Family Law.A video posted by Wise Law Office (@wiselaw) on Aug 31, 2016 at 6:19am PDTMarriage contracts, also known as pre-nuptial agreements, enable spo… . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday August 31, 2016. Today we are talking about Family Law.A video posted by Wise Law Office (@wiselaw) on Aug 31, 2016 at 6:19am PDTMarriage contracts, also known as pre-nuptial agreements, enable spo… . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday August 23, 2016. Today we are talking about Family Law.A video posted by Wise Law Office (@wiselaw) on Aug 23, 2016 at 7:29am PDTWhere all matrimonial issues have been resolved at the one-year annive… . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday August 23, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on Aug 23, 2016 at 7:29am PDT

Where all matrimonial issues have been resolved at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.

Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”

– Garry J. Wise, Toronto
Visit our website: www.wiselaw.net

. . . → Read More: Wise Law Blog: LawFact of the Day: Family Law

Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.While it may be tempting to speak out about the trials and tribulations you encou… . . . → Read More: Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.

While it may be tempting to speak out about the trials and tribulations you encounter with your ex spouse following the breakdown of your relationship, airing your frustrations online can cost you a whole lot more than you think …

Canadian Courts have seen the use of social media as evidence in family law proceedings increase dramatically in the past few years:

  • M(MJ) v. D(A), 2008 ABPC 379 -The Court in this case dismissed an application for guardianship for the parties’ child that had been brought by the Father, instead granting him very modest access.  This decision was made in part due to the Court’s finding that the Father had “demonstrated and displayed publicly (at least to his some 95 “friends” on his Facebook page) his disregard and callous lack of consideration of the mother and his demeaning and dismissive attitude to her”. The Father’s online activities sadly led the Court to determine that: “… there is no evidence that these parents can work together or communicate effectively. The father’s actions around his Facebook link is indicative of his lack of respect for the mother yet asks that decision-making be shared. I believe in such a situation that a shared decision-making arrangement would be destructive and chaotic for the child. The child is entitled to grow up in an atmosphere free of acrimony, rancour, disharmony and disrespect. The father has demonstrated he is unable to act as a principled decision-maker for the child and his attitude to the mother further demonstrates that he will continue to be dismissive of her and will attempt to enforce his will on her at every opportunity if he had any decision-making authority. This is not in the best interests of the child.”
  • W(JWA) v. B(A), 2008 NBQB 157 – In this case, the Court admitted Facebook photographs into evidence, which depicted the Mother dancing at a bar, drinking alcohol, and smoking marijuana. In consideration of the totality of evidence, including these photographs, the Court was of the opinion that the Mother lacked the same maturity as the Father, who appeared to be better suited to care for the child’s physical, emotional, social and economic needs. This ultimately led tot he Court finding that it was in the child’s best interest to reside primarily with the Father.
  • Byram v Byram, [2011] N.B.J. No. 120. – The Mother in this case was granted custody of the parties’ children in part as the Court determined that the Father had “spared no effort to vilify the Applicant through Facebook and the internet….” In the circumstances, the Court was not prepared to grant joint custody, noting that this would only be appropriate in cases “where the parents can cooperate and communicate effectively”. 
  • Tran v Tran, 2015 ONSC 5838 – In this case, the Mother relied upon Instagram and Facebook posts as evidence that the Father was currently employed and had purchased a BMW instead of providing child support. Though the motion judge was not prepared to impute income to the Father, it was noted that the mother’s evidence was strong, and the issue was reserved for trial.

How to Protect Yourself 

While it may seem like common sense, it is a beneficial reminder:

  • To not post and/or tweet anything about or in relation to your ex online that is negative or alludes to negative feelings about them;
  • Do not post anything in relation to any extracurricular/adult activities you may be involved in, or anything that could be misconstrued (In other words, posting that picture of you passed out in a bar surrounded by empty beer bottles may not be the best idea);
  • Use your privacy settings and make your social media private;
  • Do a thorough sweep of your “friends” on social media and delete/block anyone who may have the potential to create drama in relation to your family law matter.
  • If you have a hard time maintaining your composure online, you may want to consider temporarily suspending or even deleting your social media accounts, particularly during the course of your family law litigation;
  • As a rule of thumb, do not post or tweet anything that you would not want a judge to read.

Collecting Evidence


A few things to bear in mind:

Firstly, you cannot deceitfully or illegally collect evidence from a spouse’s social media page. Put simply, you cannot hack your ex’s social media page, or make a fake account for the purposes of gaining access to collect evidence.

That being said however, if you do come across some useful information online through the proper channels, it may be possible to rely upon and use this in your litigation.

In many cases your ex’s online presence may confirm things are awry. For example, he/she may post about a job though claiming to be unemployed; post pictures of his/her luxurious yacht vacation, though alleging to have no assets; or post pictures or comments that suggest poor parenting judgment.

Now that you have read this, consider for just a moment what you could possibly stand to gain from ranting about your ex online…The next time you are tempted to post a not-so-friendly tweet about your ex, just imagine the cringe-worthy moment when it is read out loud in open court.

– Simran Bakshi, Associate and Rachel Spence, Law Clerk

Visit our website: www.wiselaw.net

. . . → Read More: Wise Law Blog: How Your Social Media Footprint Can Backfire on You in Court

Wise Law Blog: LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday August 18, 2016. Today we are talking about Family Law.A video posted by Wise Law Office (@wiselaw) on Aug 18, 2016 at 6:11am PDTIn determining entitlement to spousal support, Ontario courts conside… . . . → Read More: Wise Law Blog: LawFact of the Day: Family Law