Case comment: Coercive control & family violence

hands on a book

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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Recent case: Relocation in the context of family violence

woman's hands on thick book

This case summary of A.J.K. v J.P.B. 2022 MBQB 43 was prepared by Pamela Cross. While this is a Manitoba case and, therefore, not binding on Ontario courts, the decision is interesting because of the extensive exploration of family violence in the context of the mother’s request to move with the children without providing notice…

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Case update: Status quo and maximum contact

woman's hands on thick book

In the case of Theriault v Ford 2022 ONSC 3619, the court considered what “status quo” and “maximum contact” mean within the context of the amendments to the Divorce Act and Children’s Law Reform Act. This case involves parents of two children who were married to each other for 8 years before separating. The father was charged with…

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