Year: 2014

In a recent decision, the Ontario Court of Appeal has upheld a trial court decision, which granted an unequal division of net family property. The parties in the case of Stetco v Stetco, 2014 ONCA 370, had been married for …

Unequal division of property: Recent case law Read More »

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When a domestic contract is enforceable is the main issue in a recent case – Martin v Sansome 2014 ONCA 14 – decided by the Court of Appeal for Ontario. The parties were married for 10 years. The husband’s parents …

Court overturns domestic contract: Recent case law Read More »

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We are here today to commemorate the 25th anniversary of the Montreal Massacre. Twenty five years since 14 women were gunned down for no reason other than being women. Twenty five years since this country was shocked and horrified; since …

Pamela Cross December 6, 2014 Address: Brockville, Ontario Read More »

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Women who have experienced partner violence and are involved in family law processes now have a new resource. Luke’s Place offers an online map of Ontario services that provide free family law support. Women can use the map to find …

Luke’s Place Launches Map of Family Law Support Services for Abused Women in Ontario Read More »

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Many women who are dealing with family court are also involved with criminal court proceedings, as either a victim/witness or as an accused. There are a number of differences in the purpose, function and outcomes of the two courts as …

What are the differences between criminal and family court for abused women? Read More »

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An Ontario case from earlier this year (Chickwanda v Bell, 2014 ONCJ 174 (CanLII)) allowed the Ontario Court of Justice to explore circumstances when it is appropriate to terminate access by a father to his children. In this case, the mother …

Court terminates supervised access: Recent case law Read More »

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UPDATED June 2017: As discussed in an earlier FAQ, dual charging or counter charging of women is one of the direct results of the mandatory charging policy. This is a serious, if unintended, consequence, and rates of dual/counter charging remain high …

Why are women sometimes charged with assaulting their partner when they are just trying to protect themselves or their kids? Read More »

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The issue of how much child support should be paid for adult children and for how long it should be paid is not clearly addressed in the Child Support Guidelines. In a 2012 British Columbia case (Naylor v Naylor 2012 …

Factors Judges Consider for Support of Adult Children: Recent case law Read More »

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Mandatory charging is a policy in place across Canada that requires police to lay charges in domestic violence cases where the officer involved believes there is a reasonable likelihood of getting a conviction, whether or not the victim wants a …

Why do the police sometimes charge an abuser even though the woman does not want them to? Read More »

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The answer to this question, as determined in the case of Ashak v Ontario (Director, Family Responsibility Office) 2012 CarswellOnt 11102, seems to be “maybe.” In this instance, Ms Ashak sued FRO, alleging that its negligence allowed her husband, who …

Can a child support recipient sue FRO? Recent case law Read More »

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