Category: Case law

Case law: The costs of unwillingness to settle

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In Jackson v Mayerle (2016 ONSC 1556), Justice Pazaratz has written another colourful decision, this time in a case where the mother refused to accept a number of offers to settle presented by the father and, after a 36-day trial

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Case law: “Marriage-like” relationships, spousal support and the division of assets

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Kneller v Greenwood 2015 BCSC 1410, a British Columbia case, explores what elements must be present for a relationship to be considered “marriage-like” for the purposes of division of family assets and spousal support. While there are differences between the

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Case law: Consequences for ongoing lack of disclosure

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In Manchanda v Thethi 2016 ONSC 3776, Justice Myers begins his decision in this case about financial disclosure by asking: “When is enough, enough?” It is easy to see why he posed this question, as there had been more than

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Case law: Financial bullying as family violence

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Hokhold v Gerbrandt 2015 BCCA 268 is a British Columbia case, so it is not binding on Ontario cases. As well the B.C. Family Law Act contains a number of provisions that are different from those in Ontario’s legislation. Nonetheless,

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Case law: Encouraging children to have access time with the other parent

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Godard v Godard 2015 ONCA 568 tackles the question of how hard a custodial parent is expected to work to encourage a child to have access with the other parent. Here, there were two children, one living with each parent.

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Can a woman limit her ex-partner’s use of social media?

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UPDATED (June 2017) Use of social media has reached almost unbelievable levels. According to Facebook, more than 1.94 billion people around the world are active members, Twitter claims to have almost a billion accounts and there are 700 active users

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Recent case: Judge upholds marriage contract

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Toscano v Toscano 2015 ONSC 487 Ms Toscano entered into a marriage contract when she married Mr. Toscano in which the two of them agreed to be separate as to property: that neither would make a claim against the other

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Basic income and gender: An important consultation

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A message from Pam Hanington of Huron County: For those of you who may not have heard about this, the Ontario government is planning to pilot a Basic Income in at least three communities sometime over the next 3-5 years.

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Recent case: The function of appeals and determining judge bias

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Van Wieren v Bush, 2015 ONSC 4104 The father appealed to the Superior Court of Justice against an Ontario Court of Justice trial decision about custody and access, claiming that the trial judge, Justice Hardman, was biased against him, failed

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Recent case: Recognition of foreign divorce

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Essa v Mekawi 2014 ONSC 7400 The parties were married in Egypt under the marriage laws of that country. Both of them are Egyptian citizens. In addition, the father is a Canadian citizen and the mother has permanent resident status

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