Litigation

Family Law Litigation Lawyers in North York, ON

Trial Lawyers Serving the Greater Toronto Area

Family law disputes often involve the most personal and emotionally charged aspects of life: relationships, children, and financial security. When these matters reach the stage of litigation, the consequences can be far-reaching, affecting not only the parties involved but their families and future stability.

At BSG LLP, we recognize that family law litigation requires both strong advocacy and compassion. Our team can help you navigate complex and sensitive issues with professionalism, strategy, and care.

Whether you face a divorce, a dispute over parenting time, or financial support issues, we are committed to protecting your rights while striving for resolutions that promote fairness and stability for you and your loved ones.

Schedule a complimentary case review with a North York family law litigation lawyer by contacting us online or at (249) 501-6683. We offer office or virtual consultations for your convenience.

How We Assist with Family Law Litigation

Alternative Dispute Resolution & Mediation (ADR)

Not all family disputes require a court decision. Alternative Dispute Resolution (ADR) methods, including negotiation, mediation, and collaborative law, offer parties the opportunity to resolve conflicts privately and cost-effectively. Our lawyers work with you to assess whether ADR is appropriate for your situation and to prepare you for productive participation.

Through mediation, you can retain more control over the outcome, preserve relationships, and minimize emotional and financial strain. However, when settlement is not possible, we are fully prepared to represent you in court with focus and determination.

Child Support

Under Federal and Provincial Child Support Guidelines, parents have a legal obligation to provide financial support for their children based on income and custody arrangements. Disputes may arise regarding the calculation of income, extraordinary expenses, or retroactive payments.

The calculation of child support is governed by the Federal Child Support Guidelines under the Divorce Act and the Provincial Child Support Guidelines under the Family Law Act, R.S.O. 1990, c. F.3. In an effort to provide predictability for the calculation of child support, the Federal Child Support Guidelines set out presumptive rules for the calculation of the amount of child support payable with respect to both children over and under the age of majority.

For children under the age of majority, the quantum of child support payable is the amount set out in the applicable table, combined with any section 7 expenses (Federal Child Support Guidelines, s. 3(1)). Similarly, for children over the age of majority, the quantum of child support payable is the amount set out in the applicable table.

If the payor spouse resides in Canada, the applicable table is based on the province in which that spouse ordinarily resides. However, if the payor spouse resides outside of Canada, then the applicable table is based on the ordinary residence of the recipient spouse (Federal Child Support Guidelines, s. 3(3)). Note that under the above-noted amendments to the Divorce Act, the applicable table is determined as of the time when the application for support (or for a variation) is made, not the time when the order is issued.

There are many factors in calculating child support. BSG LLP helps parents understand their rights and obligations, gather the necessary financial documentation, and advocate for fair support arrangements that prioritize the child’s best interests while reflecting each parent’s economic reality.

Spousal Support

Spousal support, also known as alimony, can be one of the most complex aspects of family law litigation. The Spousal Support Advisory Guidelines (SSAG) provide a framework; however, each case depends on factors such as the length of the marriage, roles during the relationship, and each party’s earning capacity.

According to s. 15.2 of the federal Divorce Act, spousal support is meant to: (a) recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; (b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage; (c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and (d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time. Similar, provisions are also found in s. 33(8) of the Family Law Act.

Once it is determined that spousal support is payable, the issues become the amount of support payable (i.e., quantum) and for how long it is payable (i.e., duration). Our firm assists clients in determining entitlement, amount, and duration of support. Whether seeking or opposing a claim, we approach each case strategically, focusing on achieving sustainable financial outcomes that reflect fairness and respect.

Decision-Making Responsibility & Parenting Time (Custody/Access)

The terms “decision-making responsibility” and “parenting time,” which have replaced “custody” and “access” under Ontario’s Children’s Law Reform Act and the Divorce Act, reflect a shift toward cooperative parenting.

Both the federal and provincial legislation mandate that the "best interests of the child" govern decision-making responsibility, parenting time and contact.

Many family law litigants initially seek parenting orders for sole or joint decision-making responsibilities, when what they really want is to ensure that they cannot be arbitrarily cut out of their children's lives. Clients need to understand that many of their goals, such as the right to information, and the right to attend doctor's appointments, school occasions and sporting events can be accomplished without a parenting order for sole or joint decision-making responsibilities.

We help clients negotiate or litigate arrangements that prioritize the child’s well-being, considering stability, safety, and the development of meaningful relationships with both parents. When disputes arise, our team works diligently to present compelling evidence and develop parenting plans that serve the child’s best interests.

Divorce & Separation

Divorce and separation can be among the most challenging transitions in life. Whether the breakdown is amicable or contentious, legal, financial, and emotional complexities must be carefully managed.

Our North York family law litigation lawyers guide clients through the process of obtaining a divorce order, addressing key issues such as property division, spousal support, and parenting arrangements. We also handle separation agreements and contested divorces, providing sound legal representation from initial filing to final resolution.

Division of Property

Ontario follows an equalization of net family property model, which generally aims to divide the increase in value of property acquired during the marriage equally between spouses. However, disputes often arise over valuation, excluded assets, or claims for unequal division of assets.

Sections 4 and 5 of the Family Law Act, R.S.O. 1990, c. F.3, set out the framework for dividing property following the breakdown of the marriage. Basically, the increase in each spouse's net worth during the marriage is calculated (known as that spouse's net family property. The spouse with the higher Net Family Property pays one-half of the difference to the spouse with the lower Net Family Property (i.e., the "equalization payment").

While the calculations pertaining to net family property may seem simple, various legal and factual issues may arise in determining each spouse’s respective entitlement. Disputes often occur regarding the proper determination of the valuation date, the existence of specific assets as of the date of marriage, and the valuation of such assets, particularly where historical documentary evidence is limited or unavailable. Additional issues frequently include whether certain assets qualify for exclusion from net family property and whether an excluded asset can be adequately traced to the date of separation.

Why Work with Us in Family Law Litigation?

Family law litigation can have lasting effects on your financial and emotional well-being. Working with an experienced family law firm can help you make informed decisions and protect your interests at every stage. Our North York family law litigation lawyers combine strong advocacy with practical problem-solving, helping you find clarity in complex and emotionally charged situations.

We approach every case with diligence, discretion, and empathy, offering not only legal skills and knowledge but also steadfast support for you and your family’s future.

Call (249) 501-6683 or connect with us online to request a free initial consultation to discuss your family law litigation case today.

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