Young V. Young 1993
In a landmark case that established the modern rules for how Canadian courts decide custody access and guardianship cases, Lorne MacLean was the lead counsel representing Mrs. Young before the Supreme Court of Canada. The outcome of the case was highly favorable to Mrs. Young, awarding her sole custody and guardianship, a 100 percent reapportionment of the matrimonial home in her favour, substantial spousal and child support, and special costs against her husband, who had lied during the divorce proceedings. Working alone during the 12 day trial and with just one associate in Ottawa, opposite a team of several attorneys, Lorne MacLean drew the attention of the media and federal government.
Innovation Solutions
In a groundbreaking pre-trial case, Lorne MacLean established a presumption that a wife could achieve the equalization of incomes in long-term marriages. Employing an innovative strategy that took a claim to a presumptive 50-50 interest in profits from a lucrative family business, he was able to protect the wife’s interest with respect to substantial business assets and the business’ subsequent profits.
Decision in Favour of the Husband
Lorne MacLean and an associate addressed a complex business division case that included valuation and tax issues involved with the family’s substantial assets. With Mr. MacLean acting for the husband, the case resulted in a rare award of reapportionment of the family business made 75/25 in favour of the husband. Lorne MacLean also won the client a relatively limited spousal support commitment considering the duration of the marriage.
Custody and Special Costs
Shared custody awards can be rare for divorcing husbands, but Lorne MacLean obtained full shared custody for his client, although the client is employed full time and his wife is at home full time. In addition, no spousal support was awarded and child support awarded in an amount of only one-third of guidelines. The husband was also awarded “special costs” – payment of legal fees he incurred – as Lorne MacLean proved the wife had lied during the proceedings.
