Case law
Case Comment: Paralegals in family court
The mother, in this case, applied for leave to have a licensed paralegal act as her agent in a family law proceeding that involved parenting issues and family violence. While Justice Sah makes it clear that she has no concerns about the skills or integrity of the paralegal, she denies the mother’s motion. In December…
Read moreCase Comment: Contempt Motion
In this case, the father brought a contempt motion against the mother, alleging various breaches of the parenting provisions of a final court order. His motion claimed the mother had failed to provide documents related to the children, withheld the children from him, made false accusations against him and had spoken negatively about him to…
Read moreCase Comment: Parenting time and decision-making
This case, written by Justice Pazaratz, provides a good overview of status quo and without prejudice interim parenting orders. The applicant mother and the respondent father had one child together, who was eight years old at the time of this motion. The other respondent, who did not participate in the motion, was the mother of…
Read moreCase Summary: An interim parenting arrangements motion
This case explores the issue of family violence in the context of an interim parenting arrangements motion. The mother and father were married in India in 2017, after which they moved back and forth between India and Canada twice. They have two young daughters; one born in 2018 and the other in 2023. The mother…
Read moreNew Case Comment: Choice of School – Catchment Area
This case comment was prepared by Emily Ernst (law student volunteer) and Rachel Parry (Staff Lawyer). This case involved a dispute between parents over which school their child, aged 4, should attend, with both parents wanting the child to attend the public school in their local catchment area. The parents had already agreed to joint…
Read moreCase summary: Parenting time decision
The applicant father brought a motion for an order granting him unsupervised parenting time with the two children, who were 4 and 8 years old. The respondent mother, who was unrepresented, opposed this motion. As she had from the time of separation, she offered supervised parenting time in a supervised access centre as the appropriate…
Read moreCase summary: Returning children under the Hague Convention
This case summary was prepared by Pamela Cross. In this case (Y.S. v J.S., 2024 ONSC 1028), two young children – one and two years old – were removed from Pembroke, Ontario, by their mother and taken to the United States, ostensibly for a week-long visit with her sister. The father consented to this visit,…
Read moreCase summary: Important relocation decision
The Ontario Court of Appeal (ONCA) recently released a decision (Shipton v. Shipton) overturning a trial court decision that had prohibited a mother from relocating from Ontario to Ireland with her young child. The decision offers some helpful insights into what is required for an appeal court to overturn a decision from a lower court…
Read moreCase summary: Parental alienation and reunification therapy
This case summary was prepared by Pamela Cross. In this case, Justice Sullivan comprehensively reviewed the evidence, law and case law in making an order that the 14-year-old son be required to participate in reunification therapy, against his wishes, largely because she believed the father had influenced the child to such an extent that his…
Read moreCase comment: domestic contracts
Anderson v Anderson is about the validity of a separation agreement that was made without full financial disclosure and independent legal advice. In their decision, the Supreme Court of Canada had to balance the rights of people to settle their own domestic affairs after separation with the need to protect against unfairness and exploitation. This…
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