Category: Case law

Case law: Child support variation for adult children

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Colucci v. Colucci, 2017 ONCA 892: This Court of Appeal decision established that the court has jurisdiction to vary child support under s.17 of the Divorce Act even after the children are over the age of 18 and therefore no

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Case law: Parental alienation

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Fiorito v. Wiggins, 2017 ONCA 765:The mother and father married in 1998, separated in 2008 and have three children together. This is a case of parental alienation on the part of the mother and the use of bankruptcy proceedings by

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Case law: Equalization, spousal support and costs

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Berta v. Berta 2017 ONCA 874:  The parties were married for 27 years, from 1982 to 2010. They had no children. They owned equal shares of a business created by the husband during the marriage. When they separated in March 2010,

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Case law: Variation of spousal support

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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

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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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