Posts Tagged ‘case law’
Case Summary: The use of Amicus Curiae in Family Law
Written by Pamela Cross, LLB, LLD This case summary is a bit different from most that we post here, because it is about an important procedural matter rather than about the legal issues between the two parties to the case. As you all know from your work, the number of people engaged in family court proceedings who do…
Read moreCase Summary: R. v. M.S.A.
Written by Pamela Cross, LLB, LLD This is a criminal law case that intersects with a family law case in an interesting way. The accused and the complainant were married for a number of years, and had two children together. After they separated, and after initial family court proceedings had concluded, the husband was charged…
Read moreCase Comment: Contempt Motion
In this case, the father brought a contempt motion against the mother, alleging various breaches of the parenting provisions of a final court order. His motion claimed the mother had failed to provide documents related to the children, withheld the children from him, made false accusations against him and had spoken negatively about him to…
Read moreCase Comment: Parenting time and decision-making
This case, written by Justice Pazaratz, provides a good overview of status quo and without prejudice interim parenting orders. The applicant mother and the respondent father had one child together, who was eight years old at the time of this motion. The other respondent, who did not participate in the motion, was the mother of…
Read moreLuke’s Place will be intervening at the Supreme Court of Canada in the case of Ahluwalia v. Ahluwalia
The recognition of the new tort of family violence in Ahluwalia v. Ahluwalia was a groundbreaking advancement in the law. It provided survivors with a civil law remedy that speaks to their experiences and financially compensates them for the harm they endured. The issue of whether there should be a common law tort of family…
Read moreNew Case Comment: Choice of School – Catchment Area
This case comment was prepared by Emily Ernst (law student volunteer) and Rachel Parry (Staff Lawyer). This case involved a dispute between parents over which school their child, aged 4, should attend, with both parents wanting the child to attend the public school in their local catchment area. The parents had already agreed to joint…
Read moreCase summary: Parenting time decision
The applicant father brought a motion for an order granting him unsupervised parenting time with the two children, who were 4 and 8 years old. The respondent mother, who was unrepresented, opposed this motion. As she had from the time of separation, she offered supervised parenting time in a supervised access centre as the appropriate…
Read moreCase summary: Returning children under the Hague Convention
This case summary was prepared by Pamela Cross. In this case (Y.S. v J.S., 2024 ONSC 1028), two young children – one and two years old – were removed from Pembroke, Ontario, by their mother and taken to the United States, ostensibly for a week-long visit with her sister. The father consented to this visit,…
Read moreCase summary: Parental alienation and reunification therapy
This case summary was prepared by Pamela Cross. In this case, Justice Sullivan comprehensively reviewed the evidence, law and case law in making an order that the 14-year-old son be required to participate in reunification therapy, against his wishes, largely because she believed the father had influenced the child to such an extent that his…
Read moreCase update: Status quo and maximum contact
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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