Case comment: domestic contracts

Laptop and notebook with glasses on top

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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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…

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Case comment: Coercive control & family violence

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Case summary prepared by Luke’s Place Advocacy Director, Pamela Cross In this case (F.S. v. M.B.T. 2023 ONCJ 102), Justice Sherr carefully analyzes the context of family violence, including coercive control, when making a decision related to parenting arrangements for a 12-year-old child. The case also involves a claim for spousal support by the mother,…

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Recent Case: Changing a final parenting order

Luke's Place

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…

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Recent 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…

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Recent 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…

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Recent 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…

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Case 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…

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