Good morning.
There were four substantive decisions of the Court of Appeal last week.
Two were family law decisions. In Climans v. Latner, the Court confirmed that parties can be “spouses” for the purposes of spousal support under the Family Law Act even if they keep separate residences. The trial judge ordered over $50,000 per month in support for an indefinite period, having found that the “Rule of 65” applied. The Court of Appeal agreed that there was an entitled to support, but disagreed that the Rule of 65 applied based on the trial judge’s findings of fact. Accordingly, it reduced the duration of support from indefinite to ten years.
One decision related to a deceased’s intentions as to whether a loan made to her daughter would be forgiven upon her death or repayable to her estate. The other decision was a motion for leave to appeal a costs order arising out of litigation relating to a mortgage financing that did not materialize.
John Polyzogopoulos
Blaney McMurtry LLP
416.593.2953 Email
Continue Reading COURT OF APPEAL SUMMARIES (August 31 – September 4, 2020)

