More than 10,000 Canadians received a medically-assisted death in 2021: report
Quebec Superior Court suspends Bill 96’s translation requirement until constitutionality determined
The Ontario government has given Maggie an ultimatum: the disabled teen can lose her funding or her independence
FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations (US)
Ontario class action settlement reclassifies volunteers as employees, setting new precedent
Availability of Judicial Review in SABS Disputes
Are masking policies still valid?
Justice Canada releases commission report on impact of lack of legal aid in family law disputes
Harmonized sales tax part of maximum amount of attendant care benefits owed by insurer: court
New rules coming next month to help Canadians with cancelled and delayed flights
Stephen King set to testify for govt in books merger trial (US)
New law program in Quebec to begin next fall, a first in 50 years
The Impact of the Lack of Legal Aid in Family Law Cases
SCC rules that when someone is required by their partner to wear a condom but do not, they could be guilty of sexual assault.
Big Plastic suing feds over single-use ban β€” again
Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit
The SCC has refused to hear the appeal to declare the renewal of the state of health emergency by the Quebec government invalid
Federal privacy commissioner investigating controversial ArriveCAN app
Kraken, a U.S. Crypto Exchange, Is Suspected of Violating Sanctions (US)
Ontario court certifies class action on former patients’ anxiety from notice of risk of infection
The stakes couldn’t be higher as Canada’s top court decides whether to hear climate class action lawsuit
Professor Barnali Choudhury selected by EU as trade and sustainable development expert
The Supreme Court decision on the β€˜Ghomeshi’ amendments will help sexual assault victims access justice
AFN Reaches $20 B Final Settlement Agreement to Compensate First Nations Children and Families

Reaching age of majority and part-time university studies not enough to change child support order

No material change if circumstances were considered in separation agreement: Ontario Court of Appeal.

PHOTO: Studying part-time not enough to conclude that a child can withdraw from parental control

The Ontario Court of Appeal has ruled that a child of a separated couple reaching the age of majority and taking part-time studies at university are not material changes in circumstances if a consent order derived from the separation agreement already contemplated these conditions.

The Ontario Court of Appeal has ruled that a child of a separated couple reaching the age of majority and taking part-time studies at university are not material changes in circumstances if a consent order derived from the separation agreement already contemplated these conditions.

InΒ Licata v. Shure,Β 2022 ONCA 270, Alfonso Licata and Julia Shure separated in 2014. They entered into a separation agreement which formed the basis of a 2017 consent order that provided for child support, among other items.

In 2019, Licata sought to vary the 2017 order to terminate the child support of two children, HSL and AEL, on the grounds of material change in circumstances.

The motions judge terminated child support for both children. She ruled that HSL had reached the age of majority. She also found that HSL could withdraw from parenting control, since she was not devoting herself to university studies – having obtained few credits – and could instead work to support herself. As for AEL, the motions judge initially denied Licata’s motion to terminate, but after receiving additional materials, also terminated child support based on the additional documents.

Shure appealed, alleging that the motions judge made errors in principle in terminating child support.

The appellate court agreed.

β€œCourts have required the party seeking the variation to demonstrate a material change of circumstances that was not contemplated by the parties at the time that the initial order was made and that, if such a change had been known, would likely have resulted in different terms,” said the court.

In the case of HSL, the Court of Appeal found that the 2017 order clearly contemplated that support would continue after she reached the age of majority since she was already over the age of majority at the time the order was made. Also, the 2017 order already considered that HSL was a full-time or nearly full-time student, and even contemplated payments for a tutor, said the court.

The motions judge erred by reversing the onus on Shure to prove that HSL was not able to withdraw from parental control and should have found that Licata failed to meet the burden of proving that there was a material change in circumstances, said the court.

As for AEL, the appellate court found that the motion judge’s analysis did not support the conclusion that child support should be terminated. Regardless of whether this was inadvertent or substantive, it was nevertheless an error for the motion judge to approve the order proposed by the father, which included a provision terminating child support, said the court.

The appeal was allowed.



Want direct access to the latest LITN content?

Stay in the loop ➞ Subscribe to LITN instant notifications.
Receive the latest content delivered directly to your device.
Unsubscribe at anytime.

Leave a Reply

Your email address will not be published. Required fields are marked *

I agree to LITN's Terms & Conditions.

Latest News


Join the LITN Newsletter ➞ the latest news delivered to your inbox. Unsubscribe at any time.


Instagram Feed