Monthly Archives: February 2009

Divorce vs. Separation

Posted in: "All, Family Law, Legalese Dictionary by Admin | No Comments Wednesday, February 4, 2009

I recently received several inquiries about the differences between separation and divorce. Here’s a short version of a rather long answer.

Divorce and separation

The terms “divorce” and “separation” have specific meanings under the law of marriage and divorce in Ontario and Canada.

For cohabiting couples, or couples in a common-law marriage, when the spouses stop living together and there is no reasonable prospect for them to start living together again, the cohabitation unit is dissolved. Both parties are then technically free to marry or cohabit with another person immediately.

For married couples, although the spouses are free to start living with someone else immediately after separation, they cannot enter into another marriage before a decree of divorce is granted by the Superior Court.

What about support payments?

Because of Canada’s unique constitutional division of power, separation and divorce are governed under different laws. In Ontario couples not seeking a divorce are governed under the Family Law Act; for couples seeking divorce, the Divorce Act applies.

Regardless of whether a divorce is granted, support obligations nonetheless exist under both statutes. Therefore, one spouse can commence a proceeding against the other for child support or spousal support payments, or both, immediately after they stop living together, whether he or she is seeking a divorce or not.

Typically, I recommend that clients start negotiating a mutually acceptable separation agreement or commence a proceeding under the Family Law Act in a provincial court immediately after they have stopped living together. This will help expedite the matter and reduce the cost.

If the parties are able to resolve all outstanding issues at the beginning of the separation, they may qualify to commence a joint divorce application in the Superior Court after they have been living separate and apart for one year.

The joint divorce application is relatively simple and expedient. After the court is satisfied that the couple have met the requirements under the Divorce Act, the court may direct the registrar to issue a decree of divorce without requiring the parties to appear before the court.

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Google’s Copyright Settlement Proposal

Posted in: "All, Business Development, Copyright and Trademarks by Admin | No Comments Tuesday, February 3, 2009

Internet search engine giant Google recently announced that it has reached an agreement with the plaintiffs from a class action lawsuit. The plaintiffs alleged that Google breached copyright by publishing copyright-protected materials via the internet in the United States.+

The settlement is currently pending the court’s final approval. The fairness hearing is scheduled for June, 2009.

Although this class action lawsuit was launched in the United States before a federal court, it may nonetheless have significant a impact on foreigners and non-residents who hold valid copyright in the US.

For example, many Canadian authors have materials published in the U.S. or in the North American market. The copyright of qualified materials published in the U.S. will likely be affected by the settlement. Given the close economic ties between Canada and U.S., many authors’ rights may be affected.

What should you do if you hold the copyright on materials published in the U.S. that are affected by the settlement?

  1. You can do nothing. You will be bound by the settlement of the result of this class action and receive compensation according to the terms approved by the court.
  2. You can hire your own lawyer and opt out of the settlement agreement. You won’t be bound by the settlement, and you must resolve your claim with Google individually.

If you are an author who is concerned about the impact of this settlement on your rights, please feel free to contact me at 416 433 5531.

For more information, please visit the website below:

Google Book Settlement

+The Authors Guild, Inc., et al. v. Google Inc., Case No. 05 CV 8136 (S.D.N.Y.)

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