Category: Case law

Robinson v Darrah 2020 O.J. No. 2016, Ontario Superior Court of Justice: The father brought a motion to have his access to the child resumed and for police assistance in ensuring compliance. The child has lived with the mother since …

Recent COVID-19 case: denial of access Read More »

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Gillespie v Jones, 2020 CarswellOnt 5720 (S.C.J.): The child and mother live in Ontario, pursuant to a 2017 order from a British Columbia court, where they had been living following the parents’ separation. The father remained in B.C. and was …

Removing a child from Ontario during pandemic Read More »

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COVID-19 decision: minimizing the backlog J.T.K. v. A.E.M. 2020 CarswellOnt 6682 (C.J.): After weeks of being told that the courts can only deal with the most urgent of situations, that parents are expected to work out their differences on their …

Recent COVID-19 legal cases Read More »

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In Edwards v Robinson 2020 ONSC 2956, the mother brought an urgent motion on May 1st for the return of the parties’ two youngest children (the oldest is 20 years old) to her by the father, who had had them since March …

COVID-19 case: Urgent or case conference? Read More »

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McNeil v McGuinness 2020 ONSC 1918 In this case, which was identified by the court as having “a long history of conflict and litigation since the parties separated in 2012,” Justice Pazaratz declined to find the father’s motion to be …

Recent Court Decision: “In the long run, self-help will turn out to be a big mistake” Read More »

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Court says no to “self-help” remedy In Burton v Woods 2020 ONCJ 158, Justice Pugsley was quick and clear in his response to a father who decided not to return the 10-year-old child to the mother at the end of …

Two recent COVID-19 family law decisions Read More »

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Child protection issues There have been a few child protection cases that the courts have deemed urgent. A number of them deal with arranging some kind of contact between children in care and their parent(s) because agencies are not offering …

Recent Case Summaries: April 17, 2020 Read More »

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Rankin v Rankin (March 19, 2020): In this case, the wife brought an urgent motion for a restraining order against the husband. He was served late the day before the motion was heard but did not file responding materials or …

Recent COVID-19 related decisions: Restraining orders, access to children Read More »

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Scion v White 2020 ONSC 1915: Neither party in this case had a lawyer. On March 24th, Justice Pazaratz issued a triage endorsement allowing the father’s access request to proceed as possibly urgent, but found that his financial and property …

Case Law: Scion v White Read More »

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Thomas v Wohleber 2020 ONSC 1965: This is the first case to date that addresses the issue of urgency in a financial context. The two parties have been married for 11 years and have two children. No court orders were …

Recent case under COVID-19: Financial issues Read More »

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