Posts by Luke's Place
Case summary: Abraham v. Gallo 2022 ONCA 874
This is an interesting decision where the mother in this case sought a declaration that a foreign divorce was not valid in order to proceed with a claim for spousal support under the Divorce Act. The father argued that the divorce was valid and sought to dismiss the mother’s claim for spousal support due to…
Read moreKeira’s law – an important advancement in law when it comes to judicial education on issues of intimate partner violence
Keira’s law is an important advancement in the law when it comes to judicial education on issues of intimate partner violence. Federally, the Judges Act requires that the Canadian Judicial Council consider providing continuing education on intimate partner violence and coercive control in intimate partner and family relationships. In Ontario, the Courts of Justice Act…
Read moreRecent Case: Changing a final parenting order
This case involved a father who wanted to change a final order about parenting that had been made over 7 years earlier. In order to change a final order, the father brought a motion to change and had to prove that there had been a “material change in circumstances” since the making of the final…
Read moreRecent Case: Sale of the matrimonial home
Scanga v. Scanga 2023 ONSC 3592 This decision stems from an appeal in a family law case involving the sale of a matrimonial home. One party sought exclusive possession while the other sought to have the house sold and the proceeds divided. By way of background, the parties married in 1996 and separated in 2019…
Read moreRecent Case: Family Reunification Therapy
C.B. v. E.G. 2023 ONSC 1571 This is an interesting decision concerning a father seeking family reunification therapy in order to repair his fractured relationship with his 17-year-old daughter. The mother and father, in this case, had joint decision-making and parenting time of their two children (one who is now 18 and the 17-year-old). The…
Read moreRecent Case: Imputing Income Beyond the Minimum Wage
Osanebi v. Osanebi 2023 ONSC 2546 This is an endorsement based on an application for an uncontested trial. The mother in this case sought the following relief: a divorce, decision-making responsibility for her two children and child support. The mother and father were married for 6 years before they separated. The father relocated to Nigeria and has not been involved in the children’s lives…
Read moreCase Law: Temporary Parenting Orders and Religion
SMO v MJO, 2022 ONSC 5084 Written by: Yiwei Bian, Student Volunteer and Thijiba Sinnathamby, Staff Lawyer This is an interesting court decision that addresses how to reconcile one parent’s desire to raise their children in their faith when the other parent is concerned about the faith itself and how its administration effects the children. The…
Read moreNational Sexual Assault Awareness Month
May is recognized as National Sexual Assault Awareness Month in Canada. This is an important time to reflect on the prevalence of sexual violence in Canada and how we can work towards improving support and services for those who have been subjected to this violence. Sexual violence is highly gendered. Women, girls, and gender-diverse people…
Read moreRecent Case: Retroactive Child Support and Imputing Income
Ogunware v Ganiyu, 2022 ONSC 5254 This is a trial court decision where the issues before the court were whether the father should pay retroactive child support to the mother to the date of separation and whether an income of $100,000 should be imputed to the father for child support. The mother and father began…
Read moreLuke’s Place intervenes in the important decision of Ahluwalia v. Ahluwalia
On March 23, 2023, Luke’s Place was honoured to intervene in Ahluwalia v. Ahluwalia at the Ontario Court of Appeal along with the Barbra Schlifer Commemorative Clinic. The decision recognizes a new tort of family violence and has important implications for survivors of intimate partner violence throughout the province. This case involved a 17-year traditional…
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