Category: Case law

Case law: Variation of spousal support

thoughtful young woman

Black v Black 2015 CarswellNB 449: This is a Court of Appeal decision from New Brunswick, involving a marriage of just over 8 years, with no prior cohabitation and no children. The Court of Appeal characterized it as a short-term

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Case law: Setting aside a marriage contract

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Shair v Shair 2015 CarswellOnt 14332: Mr. and Mrs. Shair signed a marriage contract a month before they got married in 1996. When they separated some years later and the husband sought a divorce, the wife brought a motion to set

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Case law: Sealing a family court order

flower handed by a child to a woman

G.M. v R.M. 2015 CarswellOnt 9375: We have provided a summary of the substance of this case earlier. It dealt with custody and access issues relating to a child who identified as gender fluid/transgender, and each parent wished to deal with

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Case law: Child’s gender identity

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Halton Children’s Aid Society v G.K. 2015 ONCJ 307 Although the issue at the centre of this case is the gender identity of a child, the case is surrounded by the presence of domestic violence, which does not seem to

Recent case: Rescinding child support arrears

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Baxter v Beharry 2015 Carswell Ont 182. This decision, written by Justice Sherr of the Ontario Court of Justice, reviews the issue of when child support arrears should and should not be rescinded. The father had evaded his child support

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Recent case: Parental alienation

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L.(N.) v M. (R.R.) 2016 ONSC 809: In this case, the police refused to enforce a court order to deliver a child, now over the age of 16, to his father, when the child was refusing to have contact with

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What is a section 30 custody assessment?

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Section 30 of the Children’s Law Reform Act allows a judge to order a custody and access assessment in certain circumstances. As you will see in the discussion below, section 30 assessments are somewhat different than assessments conducted by the

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Recent case: Hague Convention

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M.H.S. v S.M.G.T. 2015 CarswellBC 2351 In this case, the father of twins wrongfully removed them from Mexico to British Columbia. One twin has autism. When the mother brought an application under the Hague Convention for the return of the

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Case law: Child protection and Crown wardship of a very young child

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Children’s Aid Society of Hamilton v K.R. (Mother) 2014CarswellOnt 14930: The one-year-old child at the centre of this case had been in the care of the CAS because the mother was not able to care for her. The mother had

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What are the rights of grandparents who want access to their grandchildren?

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Bill 34, Children’s Law Reform Amendment Act (Relationship with Grandparents), received Royal Assent and came into effect in December 2016. This legislation makes changes to the CLRA provisions with respect to the rights of grandparents to custody and/or access of

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