No jurisdiction to order spouse to reinstate life insurance

Ontario civil | Contempt Of Court

PUNISHMENT

No jurisdiction to order spouse to reinstate life insurance

Appeal by husband from judgment ordering him to reinstate policy of life insurance and designate his wife as beneficiary. Parties married in 1982, had five children, and separated in 2001 or 2002. Appeal allowed. Judge erred in law by ordering husband to reinstate policy for life insurance. Ordering husband to reinstate policy of insurance was not within judge’s jurisdiction. Section 34(1) of Family Law Act (Ont.), gives jurisdiction to require spouse who has policy to designate beneficiary, but there is no jurisdiction to order spouse to obtain life insurance or reinstate life insurance.
Feinstat v. Feinstat (Sep. 21, 2012, Ont. S.C.J. (Div. Ct.), Matlow, Kiteley and Lederer JJ., File No. DC-11-00331-ML) 220 A.C.W.S. (3d) 383.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim