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Home / Cases and Law Reform / Issue Areas
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ISsue Area

Family Law

The concrete impacts of developments in family law legislation, policy, and case law on the day to day lived reality and well-being of women and gender diverse people cannot be overstated. Heterosexual spousal relationships are marked by gender inequality. Women continue to earn less than men and to have primary responsibility for childcare and domestic labour. Over 50 percent of the issues and cases brought to LEAF’s attention through emails and telephone calls involve women and some aspect of family law. These numbers reflect the extent of the law’s impact on women and the importance of highlighting and centring the equality rights of women and children in family law.  

LEAF has intervened before the Supreme Court of Canada in numerous family law cases to ensure that the court understands the gendered implications of the legal issues in question, including: 

  • Moge v Moge, a case about the principles to be applied when considering applications to terminate spousal support; 
  • Thibaudeau v Canada, a case challenging the constitutionality of an income tax law that required individuals who received child support payments to report them as taxable income; 
  • Goertz v Gordon, a case about the ability of custodial mothers  to relocate with their children;  
  • Boston v Boston, a case about the availability of spousal support for senior women under the Ontario Family Law Act; 
  • Quebec (Attorney General) v A, a case about the exclusion of unmarried spouses from the protections existing for married couples under Québec’s family law regime. 
  • Colucci v Colucci, a case concerning the principles to be applied when judges are asked to retroactively decrease outstanding child support orders 

LEAF will continue to advocate to ensure that women’s substantive equality rights are centred and advanced in the family law context.

Related Cases & Law Reform

Cases

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Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations, and the impact of those reductions on women and children’s substantive...

Québec (A.G.) v. A. (aka Eric v. Lola) (2013)

This case concerned the exclusion of unmarried spouses from the protections existing for married couples under Québec’s family law regime.   LEAF intervened...

L.M.P. v. L.S. (2011) 

This case concerned entitlement to spousal support.   LEAF, in partnership with DisAbled Women’s Network Canada (DAWN) intervened before the Supreme Court of...

Rick v. Brandsema (2009)

This case concerned the enforceability of settlement agreements made following a couple’s separation.   LEAF and West Coast LEAF intervened before...
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Submissions

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LEAF Québec and LEAF National submission on Bill 2
LEAF urges World Health Organization to reconsider inclusion of “parental alienation” in revised International Classification of Diseases
See More

News

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LEAF Québec and LEAF National provide Bill 2 recommendations to Quebec National Assembly
Supreme Court of Canada Improves Child Support Law, Addressing Economic Insecurity of Single Mothers and their Children
See More
Cases and Law Reform
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    Related Publication

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    Resource: Interpretive Guide to the new Divorce Act 
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    National Office
    180 Dundas Street West, Suite 1420
    Toronto, ON M5G 1Z8
    [email protected]
    Phone: 416.595.7170
    Toll-free: 1.888.824.5323
    Facsimile: 416.595.7191

    Charitable Registration Number: 10821 9916 RR0001

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