Tuesday, September 05, 2006

Avi the lawyer?

I was digging through some old Word files this evening, and I came across something very interesting. It is a legal case study I wrote in high school about Wolf Lebovic.

Do I have lawyerly potential? I don't know - but here's the study:


Summary
This case deals with Wolf Lebovic, a 70 year old man who is worth $34 million. Lebovic, a Toronto real estate developer and builder, pays the highest spousal support in Canada, $75, 000 a month with undetermined final payments. He has recently been ordered to create a $10 million letter of credit as security by the Ontario Superior Court. His estranged wife, Cheryl Lebovic brought a motion asking to have her husband found in contempt of court and jailed. The judge ordered Mr. Lebovic to make the security deposit after Mrs. Lebovic made the request. Mr. Lebovic’s lawyer denies the accusation and a hearing should take place in early 2002. An appeal of the interim support order appeared to be on the horizon, but has been pushed off. Last April Mr. Lebovic was ordered to pay a $1.3 million advance on the final settlement. The couple had no children and the only dividable possessions remaining seem to be a car.

Legal Aspects
It appears section 54 of the Family Law Act of Ontario was ignored when the Lebovics entered into their marriage. It recommends the creation of a separation agreement, a document that would have helped avoid this whole ordeal (Liepner, 249). Since they had no children, the separation and division could have been very simple. According to the Morrie Sacks Law Library, "In past years the emphasis of the courts was directed toward "self-sufficiency". In other words, the dependent spouse was under a great deal of pressure to re-enter the workforce and to become self-sufficient in the minimum amount of time. There is now recognition that in the case of a traditional marriage of long duration it may not be feasible for a dependent spouse to become self-sufficient. Hence, spousal maintenance in such a situation may be payable for the rest of the life of the dependent spouse. " (Sacks, http://www.sackslaw.bc.ca/maintenance1.html) This appears to be the case for Mr. Lebovic, who continues to pay spousal support to his wife, even though she is worth $8 million.

Court
This case took place in the Ontario Superior Court. Before reaching this point, it most likely began in Divorce Court. If each spouse filed a petition for divorce, the court that received the first petition would cancel the other court out, and receive superiority. If they were both filed on the same day but in different provinces, then it would be the Federal Court-Trial Division that would become the divorce court and the hearing would be held wherever that court decided.

Opinion
I feel that the amount of spousal support Mr. Wolf Lebovic is paying is outrageous. Even though he has a considerably high net worth, one should take notice that his estranged wife is receiving too much in spousal support. They never had kids, and she has a net worth of $8 million, yet she still feels entitled to more money. There should be a limit to how much a person can pay out in support, even for wealthy families like the Lebovics.

3 Comments:

Anonymous Anonymous said...

Business is bhusiness. Oy vay.

4:57 pm  
Anonymous Anonymous said...

Lebovic desrved it. Easy come Easy go.

11:44 pm  
Anonymous Anonymous said...

Willy did not deserve this. Cheryl was the bad one

9:47 pm  

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