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REPORTS of FAMILY LAW Seventh Series/Septi`Eme S´Erie Recueil De Jurisprudence En Droit De La Famille VOLUME 67 (Cited 67 R.F.L

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REPORTS of FAMILY LAW Seventh Series/Septi`Eme S´Erie Recueil De Jurisprudence En Droit De La Famille VOLUME 67 (Cited 67 R.F.L REPORTS OF FAMILY LAW Seventh Series/Septi`eme s´erie Recueil de jurisprudence en droit de la famille VOLUME 67 (Cited 67 R.F.L. (7th)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF Philip Epstein, Q.C., L.S.M. Epstein Cole LLP, Toronto, Ontario ASSOCIATE EDITORS/REDACTEURS´ ADJOINTS Aaron Franks, B.COMM., LL.B., M.B.A. Melanie Kraft, LL.B. Roslyn Tsao, LL.B. Ilana Zylberman, LL.B. Epstein Cole LLP, Toronto, Ontario David C. Day, Q.C. E.F. Anthony Merchant, Q.C., B.A., Lewis, Day LL.B., D.ADMIN. St. John’s, Newfoundland Merchant Law Group Regina, Saskatchewan Donald M. Hendy, B.C.L. Harold Niman, B.A., LL.B. Hendy, Greenberg Niman Zemans Gelgoot Montr´eal, Qu´ebec Toronto, Ontario Marie L. Gordon, Q.C. Andrew J. Freedman, CA•IFA, Gordon Zwaenepoel CBV, ASA Edmonton, Alberta Duff & Phelps Toronto, Ontario CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Andrea Benjamin, M.A., J.D. Product Development Manager Nicole Ross, B.A., LL.B. Julia Fischer, B.A.(HONS.), LL.B. Supervisor, Legal Writing Supervisor, Legal Writing Martin-Fran¸cois Parent, LL.B., LL.M., Susan Koster, B.A.(HONS.), LL.B. DEA (PARIS II) Lead Legal Writer Bilingual Legal Writer Rachel Bernstein, B.A.(HONS.), J.D. Annie Chan, B.A. Lead Legal Writer Content Editor REPORTS OF FAMILY LAW, a national series of topical law reports, is Recueil de jurisprudence en droit de la famille, une s´erie nationale de published twice monthly. Subscription rate is $448.00 per bound volume in- recueils de jurisprudence, est publi´e deux fois par mois. L’abonnement est de cluding parts. Indexed: Carswell’s Index to Canadian Legal Literature. 448 $ par volume reli´e incluant les fascicules. Indexation : Index a` la docu- mentation juridique au Canada de Carswell. 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(c) to anyone to reproduce any part of this publication for the purposes of « Instance judiciaire » comprend une instance devant une cour, un tribunal ou parliamentary proceedings. une personne ayant l’autorit´e de d´ecider sur toute chose affectant les droits ou les responsabiliti´es d’une personne. “Judicial proceedings” include proceedings before any court, tribunal or per- Ni l’´editeur ni aucune des autres personnes ayant particip´e a` la r´ealisation et a` son having authority to decide any matter affecting a person’s legal rights or la distribution de la pr´esente publication ne fournissent quelque garantie que liabilities. ce soit relativement a` l’exactitude ou au caract`ere actuel de celle-ci. 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This publication is provided on the understanding and basis that none of que ce soit relativement a` l’exactitude ou au caract`ere actuel de son contenu the publisher, the author/s or other persons involved in the creation of this ou au r´esultat de toute action prise sur la foi de l’information qu’elle publication shall be responsible for the accuracy or currency of the contents, renferme, ou ne peuvent etreˆ tenus responsables de toute erreur qui pourrait or for the results of any action taken on the basis of the information contained s’y etreˆ gliss´ee ou de toute omission. in this publication, or for any errors or omissions contained herein. La participation d’une personne a` la pr´esente publication ne peut en aucun cas etreˆ consid´er´ee comme constituant la formulation, par celle-ci, d’un avis No one involved in this publication is attempting herein to render legal, ac- juridique ou comptable ou de tout autre avis professionnel. Si vous avez counting, or other professional advice. If legal advice or other expert assis- besoin d’un avis juridique ou d’un autre avis professionnel, vous devez tance is required, the services of a competent professional should be sought. retenir les services d’un avocat ou d’un autre professionnel. Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0317-4859 ISBN 978-0-7798-3781-6 Printed in Canada by Thomson Reuters CARSWELL, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Contact www.carswell.com/contact 67 R.F.L. (7th) iii DIGESTS OF CASES Aboriginal law Family law — Children in need of protection –––– Proving aboriginal heritage. M. (C.) v. Children’s Aid Society of the Regional Municipality of Water- loo, 2015 CarswellOnt 13733 ...................... Ont. C.A. 259 Bankruptcy and insolvency Effect of bankruptcy on other proceedings — Proceedings against bank- rupt — Family law claims –––– Parties were married in 1985 and separated in 2008 — Husband petitioned for divorce and equal division of matrimonial home and property — Wife brought counter-petition seeking unequal divi- sion of family property — In May 2014, husband was ordered to pay interim spousal support of $7,500 per month — Approximately five weeks after sup- port order was issued, husband filed assignment in bankruptcy — Wife ap- plied for order that stay of her family property claim, caused by husband’s assignment in bankruptcy, be lifted and that matter be permitted to continue, but only with respect to property that was exempt from seizure by trustee in bankruptcy — Trustee said application was improperly before court in that wife was neither creditor to estate in bankruptcy nor was she director of cor- poration with interest in bankrupt estate — Trustee said wife had no vested title or interest in assets with trustee for benefit of creditors, and that she would not be prejudiced by stay — Application granted — Wife’s claim was provable in bankruptcy and as such, she should be invited by trustee to file claim and be given same consideration as was given to any other creditor — Continued operation of stay would materially prejudice wife in that it would prevent her from pursuing her family property claim in respect of exempt assets that did not form part of estate in bankruptcy — Stay was lifted to allow wife to pursue her claim against exempt assets — Wife was permitted to pursue claim against non-exempt assets in same way as any other creditor. Shirkie v. Shirkie, 2015 CarswellSask 607 .......... Sask. Q.B. 274 Bankruptcy and insolvency Property of bankrupt — Family law issues — Matrimonial property legisla- tion –––– Parties were married in 1985 and separated in 2008 — Husband pe- titioned for divorce and equal division of matrimonial home and property — Wife brought counter-petition seeking unequal division of family pro- perty — In May 2014, husband was ordered to pay interim spousal support of $7,500 per month — Approximately five weeks after support order was issued, husband
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