Unequal division of property: Recent case law

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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 32 years. At trial, the judge found the husband’s abusive conduct during the marriage to…

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Court overturns domestic contract: Recent case law

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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 owned a dairy farm and milk quota and offered the couple the opportunity to live…

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Court terminates supervised access: Recent case law

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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 had sole custody of the couple’s two children from the time of separation. The father…

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Mobility: Recent case law

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The case of Boudreault v Charles, 2014 ONCJ 273 (XanLII) explores the factors for a judge to consider when hearing a motion for an interim order to relocate a child. In this case, the mother already had interim custody and the father had supervised access to the 3-year-old child. The access occurred weekly at a…

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Luke’s Place partners with Legal Aid Ontario

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Legal Aid Ontario (LAO) is investing $600,000 over three years in a partnership with Luke’s Place, a centre devoted solely to improving the safety and experience of abused women and their children as they proceed through the family law process. This investment is to help improve access to justice for women who have experienced domestic…

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What is a “Jewish divorce”?

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In Canada, marriage is ended by way of a civil divorce, pursuant to the terms of the Divorce Act, which set outs such requirements as: At least one of the parties has to have been resident in the province where the divorce application is being made for at least one year The parties have to…

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