Barbara Hayes

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In 2013, the Federal Reserve Board adopted rules to implement Basel III, a regulatory framework of reform measures for the banking industry issued by the Basel Committee on Banking Supervision (BCBS). These measures include a set of recommendations on banking regulations which, in general, aim to ensure banks are sufficiently capitalized to withstand volatile market conditions such as those that marked the financial crisis of 2008. Effective Jan. 1, 2015, as part of the Basel…
Barrie Hayes, Partner, Family Law. Let’s face it, short of dying, a family separation can be one of life’s most emotionally challenging experiences. Fear, anger, and frustration are common reactions in difficult separations. To get them through this difficult period clients look to their family lawyer. as their champion and trusted advisor. I’ve sometimes had the experience of a client expecting that I will represent them not as a champion but as more of…
Barrie Hayes, Partner, Family Law There is a marked difference in the legal approach to quantifying support claims when a support payor is living as opposed to after a support payor has died. In situations where the support payor is living the Divorce Act determines child and spousal support for married support payors and the Family Law Act determines child and spousal support for common-law support payors. Both legislations utilize the Child Support Guidelines…
Barrie Hayes, Partner, Family Law. The admissibility of audio or video tape recordings are, like  any other potential evidence , to be ruled on by a judge. In determining the admissibility of any evidence a judge will consider the basic evidentiary concepts such as; Is the evidence relevant or material to the issues being tried? Is the evidence necessary to the proper determination of the issues being tried? Is the prejudicial effect of the…
Barrie Hayes, Partner In many marriages the matrimonial home is the most significant family asset owned by the spouses. The Family Law Act (“FLA”), in dealing with equalization of net family property on separation, provides special treatment of the matrimonial home. Whereas generally  a spouse may deduct from his or her net family property the (net) value of the property he or she brings into the marriage, this deduction of property does not extend…
Barrie Hayes, Partner In my previous blog I described the formulaic calculation used by the Spousal Support Advisory Guidelines (“ SSAG”) to determine spousal support in circumstances where the parties had no children. In this article I will focus on the SSAG formulaic calculation to determine spousal support in circumstances where the parties have dependent children. The formula utilized by the SSAG in the circumstances is called the ‘with child’ support formula. The ‘with…
Barrie Hayes, Partner The differing approaches to the calculation of spousal support under the spousal support advisory guidelines. The spousal support advisory guidelines contain formulaic calculations to assist in the calculation of both quantum (amount) and duration of spousal support. The guidelines contain markedly different formulaic calculations when addressing spousal support calculation where there are no dependent children and spousal support calculation where there are dependent children. Both formulaic calculations however use income sharing…
Barrie M. Hayes, Partner There is a legal anomaly to the extent that there is, while a family unit is intact, no obligation at law for parents to support their adult children. Following separation, however, a legal obligation is triggered imposing support for adult children under provincial and federal legislation. Most support legislation does not contain an absolute age limit where child support automatically terminates. Under the Family Law Act an adult child is…
A recent Court of Appeal decision has caused considerable concern in relation to the certainty of the statutory provisions being applied to determine net family property equalization between legal married spouses. Sections 4 and 5 of the Family Law Act have, to date, been viewed as all encompassing statutory direction in the division of net family property. The said provisions detail that all assets acquired by spouses from the date of marriage to the date…
Although Ontario common law spouses have a statutory right to receive spousal support upon separation, there is no statutory recognition of common law spouses in claims for property. The Family Law Act, in dealing with equalization of net family property, limits spouses to legal married spouses only. Courts in Ontario, however, have historically granted common law spouses entitlement to compensation, monetary or property, against another common law spouse on the basis of the equitable principles…