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The finer points of Serra v. Serra, 2009 ONCA 105 (CanLII) Updated!

The finer points of Serra v. Serra, 2009 ONCA 105 (CanLII)

The Court, on appeal, decided to agree to a variance of the net family property division. In this case the original property valuation on separation day favored the wife such that the husband was expected to make equalization payments of a very significant sum. Following the separation, the husband’s manufacturing business suffered due to changes in WTO policies and changes in government tariffs following free market strategies.
The question was whether or not a recalculation of the net family property subsequent to the valuation date was just or in other words was the original calculation at valuation date unconscionable in the circumstances.
The Judge departed from previous case law and held that a market driven decline in net family property is a circumstance under which the court may order an unequal division of property under section 5(6) of the Family Law Act. But would this apply in all cases of a market driven decline…

Intrusion of Seclusion vs. Invasion of Privacy-New Tort!

In a new article, we will discuss this new and exciting tort from the Court of Appeal of Ontario referred to as the Tort of Intrusion of Seclusion. 

A recent article in the BC Business e zine confirms the following:  

While the court held that there was no tort of invasion of privacy in Ontario, the Ontario Court of Appeal confirmed the existence of a tort as follows: one who intentionally intrudes, physically or otherwise, upon the seclusion or private affairs of another will be liable for the invasion of privacy, if the invasion would be highly offensive to a reasonable person.   This is helpful to many applicants who have been denied privacy rights with the mistaken notion that they had no remedy under the charter or common law.  Section 7 of the charter and section 8 provide privacy protection rights as well as section 15.  You could include section 12 with its ancillary protection of such privacy.

Unfortunately only state agents are the only actors that can be found liable for…

Alleged victim’s family speaks out after Toronto cop charged with assault