What is the test for determining a date of separation?

Ontario, Canada


The following excerpt is from CRAIG v. CRAIG, 2021 ONSC 3356 (CanLII):

[54] Chappel J., in the decision of Al-Sajee v. Tawfic, 2019 ONSC 3857, 27 R.F.L. (8th) 269, thoroughly reviewed the law with respect to the determination of the date of separation. She noted that there are distinct inquiries to properly address the “separation date” for the purposes of the claims for divorce, spousal support and equalization. At para. 26 of her decision she states:

Other Questions


What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
What factors will the court consider when determining whether to award post-separation increases in a payor’s earnings? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
In a COVID-19 separation case, what is the role of the court in assessing the parenting standards of the separated parents? (Ontario, Canada)
Is due diligence a separate consideration in determining whether a limitation period has expired? (Ontario, Canada)
What is the test for a payor’s post-separation income increase in a determination of spousal support? (Ontario, Canada)
How has custody of a child been determined between parties who were married in 1989 and 1990 and separated in 1991? (Ontario, Canada)
What is the test for determining the appropriate level of support for a separated spouse? (Ontario, Canada)
What factors will the court consider in determining whether to consolidate two separate actions at the same time? (Ontario, Canada)
How is a plaintiff's claim for damages in a motor vehicle accident determined in two separate actions? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.