Horowitz v. Nightingale 2017 ONSC 2168: This motion was brought by the husband for an order staying the family law proceeding between him and his wife. The parties were married for 16 years prior to their separation. They had three children. …
Category: Case law
Case law: Maher
Bakhshi v. Hosseinzadeh 2017 ONCA 838: The parties in this case were married in Iran in 1995, at which time they entered into a Maher, which is an Islamic marriage contract. They emigrated to Canada and then separated in 2013. The…
Case law: Property division and spousal support
Halliwell v. Halliwell, 2017 CarswellOnt 6391, 2017 ONCA 349 (Ont. C.A.), varying 2016 CarswellOnt 108, 2016 ONSC 182 (Ont. S.C.J.). The parties in this case were married for 32 years, during which time they were involved in several successful businesses.…
Case law: Domestic contracts and financial disclosure
Virc v. Blair 2014 ONCA 392: The wife in this case is a lawyer. She met her husband when she became involved as litigation counsel to his company. They began living together in 1992. In 1993, the wife left her…
Case law: Life insurance, will and family law obligations
Dagg v. Cameron Estate 2017 ONCA 366: This case is a good illustration of how family law issues can continue long after the case has been initially resolved — in this case, beyond the death of one of the parties.…
Case law: Privacy of child’s OCL records
Ontario (Children’s Lawyer) V. Ontario (Information and Privacy Commissioner) 2018 ONCA 559: This case, eventually decided by the Ontario Court of Appeal earlier this year, addresses the privacy of children’s records kept by the Office of the Children’s Lawyer. A…
Case law: Withdrawal from parental control
R.G. v. K.G. et al. [Indexed as: G. (R.) v. G. (K.)], 136 O.R. (3d) 689: When they separated, the parents of G entered into an agreement that the father would have custody of her until her 18th birthday and the…
Case law: Child support variation for adult children
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…
Case law: Parental alienation
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…
Case law: Equalization, spousal support and costs
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,…