Archive for February 2021
Staying in the family home after separating from an abusive partner
If you are married to your ex-partner, the home the two of you shared is called the matrimonial home. The law says you each have an equal right to occupy that home, regardless of whose name is on the deed or the lease unless you have a court order or a legal agreement saying otherwise.…
Read moreShould Canada criminalize coercive controlling behaviour?
As Crystal Giesbrecht recently wrote in The Lawyer’s Daily, coercive control in situations of intimate partner abuse is often unidentified or misunderstood. While, as she noted, coercive control is not a criminal offence in Canada, that could change if MP Randall Garrison has his way. Last fall, he introduced a private member’s bill – Bill…
Read moreFirst Nation vs family law case: Part three
This case challenges the constitutionality of Ontario’s family law legislation with respect to whether the OCJ and SCJ can make custody and access orders when the child belongs to a First Nation.
Read moreRecent case: Job loss during the pandemic and child support
Moreton v Inthavixay 2020 ONSC 4881: This decision relates to the father’s request to reduce the amount of child support he was to pay because he lost his job due to the pandemic. However, it is also the most recent episode in a family law dispute that has been in litigation for three years, with…
Read moreFirst nation vs family law case: Part two
The First Nation brought a motion to have the case transferred to the Superior Court of Justice on the basis that the Ontario Court of Justice had no authority to grant the relief it sought.
Read moreOCJ/SCJ jurisdiction vs First Nations family law rules: Part one
This case deals with the question of whether the Ontario Court of Justice and the Superior Court of Justice can make parenting orders when the child belongs to a First Nation that has its own rules for handling family law issues.
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