Ben Hovius

Ben Hovius

Professor, BA (Queen’s) 1972, Dip. Educ. (Western University) 1973, LL.B. (Western University) 1977, LLM (London) 1978, called to the Bar of Ontario in 1980.

Professor Hovius joined the Faculty of Law in 1978. His current teaching area is Family Law. His publications include: The Law of Family Property (with Timothy G. Youdan), Hovius on Family Law: Cases, Notes and Materials (eight editions) and many articles in the areas of Family and Constitutional Law. Professor Hovius has delivered papers at numerous conferences for academics, lawyers and judges. He has also been an Associate Editor of the Dominion Law Reports, the Canadian Criminal Cases and the Ontario Reports and has served as a panel member of the Board of Inquiry under the Ontario Human Rights Code, a referee under the Employment Standards Act, and an arbitrator under the Farm Products Marketing Act.

Phone: 519 661-2111 ext. 88405
Office: LB 16


“Limitation Periods for Property Claims by Common-Law Partners and Spouses” (2015), 34 Canadian Family Law Quarterly pp. 135-165.

“Property Disputes between Separating Common-Law/De Facto Partners” in Johanne O’Hanlon, ed., Gender, Sex and the Law in Canada (Carswell, 2015) pp. 121-204.

“Unjust Enrichment Claims by Spouses upon Marriage Breakdown: Achieving a Measure of Fairness or Causing Uncertainty and Complexity?” (2014), 33 Canadian Family Law Quarterly pp. 141-172.

Hovius on Family Law: Cases, Notes and Materials (8th edition) (Carswell: 2013) 936 pages (with Mary-Jo Maur)

“Unequal Sharing of the Economic Gain during Marriage in Ontario: An Update” (2012), 31 Canadian Family Law Quarterly pp. 155-176.

“Property Disputes Between Common-Law Partners: The Supreme Court of Canada’s Decisions in Vanasse v. Seguin and Kerr v. Baranow”  (2011), 30 Canadian Family Law Quarterly pp. 129-164

“The Family Home: Legal Treatment in Ontario” (2010), 29 Canadian Family Law Quarterly pp. 25-76.

"Market Driven Changes in Property Values after the Valuation Date under Ontario's Family Law Act: The Story Continues" (2009), 28 Canadian Family Law Quarterly pp. 105-124

"Unequal Sharing of Net Family Properties under Ontario's Family Law Act" (2008), 27 Canadian Family Law Quarterly pp. 147-199

"Property Rights for Common-Law Partners" in Martha Shaffer, ed., Contemporary Issues in Family Law: Engaging with the Legacy of James G. McLeod (Carswell, 2007) pp. 115-168 (December)

"Spousal Support in Canada" [2007] International Family Law pp. 6-12 (September)

"Case Comment" on von Czieslik v. Ayuso(2007) 38 R.F.L. (6th) pp. 30-39 (August)

"Legislative Approaches to Property Rights for Unmarried Couples" in McLeod and Mamo, ed., Matrimonial Property Law in Canada(August 2006) pp. I-4 to I-40.3

"Property Rights for Unmarried Cohabitants in Canada" [2006] International Family Law 29

"Mobility Issues in Custody and Access Cases", being chapter 7 of James McLeod, ed., Child Custody Law and Practice (looseleaf) (2004) pp. 7-1 to 7-94

"Property Rights in the Common Law Provinces", being chapter 2 of Barbro Stalbecker-Pourtney, ed.,  Cohabitation: The Law in Canada (looseleaf) (2003) pp.2-1 to 2-34

"Property Division for Unmarried Cohabitees in the Common Law Provinces" (2003), 21 Canadian Family Law Quarterly 175 - 215

"Jurisdiction and Enforcement Issues in Interprovincial Disputes", being Chapter 3, pp. 3-1 to 3-55 in James McLeod, ed., Child Custody Law and Practice(Carswell, loose-leaf)

"Territorial Jurisdiction and Civil Enforcement Issues in Interprovincial Custody and Access Disputes", Proceedings of the Family Law Seminar of February 13-15, 2002 (Toronto: National Judicial Institute, 2002) 67 pp

Alcohol Advertising: A Legal Primer(two editions) (Toronto: The Association to Reduce Alcohol Promotion in Ontario, 1996 and 2002) (with Prof. R. Solomon)

Equality and the Canadian Charter of Rights and Freedoms: Non-Discrimination and Diversity/Recent Cases - Boom Juridische Uitgevers, 19 pp, (2000)

Case Comment: Ligate v. Richardson and Pisko v. Pisko. Reports of Family Law 32 (4th) 9 (1998)

"90-Day Administrative Licence suspensions: Constitutional Challenges on the Road to Traffic Safety", Motor Vehicle Review 30: 119-150. (with R. Solomon and S.J. Usprich) (1998)

"Restrictions on the Custodial Parent's Mobility" in McLeod, James, ed. Child Custody and Access (Carswell Looseleaf Service) (1997)

"Case Comment: Woodhouse v. Woodhouse and Luckhurst v. Luckhurst". Reports of Family Law 20: 376-391, (1996)

Mobility of the Custodial Parent: Guidance from the Supreme Court. Reports of Family Law 19 (2 & 3): 292-319, (1996)

Alcohol Advertising: A Legal Primer. Toronto, ON: Black Creek Anti-Drug Focus Community Group. 41 pp (with Prof. R. Solomon), (1996)