Posts Tagged ‘case summary’
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: Breakdown of Shared Parenting Plans
Written by Pamela Cross, LLB, LLD This was a long and bitterly fought case, that played out over five years of a young child’s life. In 2019, Justice Eberhard made a consent order that the parents would share the care of their child on a week-about schedule and make decisions relating to the child jointly. This…
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 Summary: Cyberbullying Recognized as Family Violence
In this case the Mother and Father had previously lived in Peru, however, after separation the Mother and child fled to Canada as the Mother was fearful for her and the child’s safety due to the Father’s extremely abusive conduct. The Father eventually followed the Mother and child to Canada and the trial for this case was heard in the Ontario Superior Court of Justice. There were several issues that were addressed at trial, but the primary…
Read moreCase Summary: Grandparent contact with grandchildren
Family law legislation in a number of Canadian jurisdictions – Quebec, British Columbia, Alberta, New Brunswick and the Yukon – grants grandparents explicit rights to seek time with their grandchildren. However, neither the federal Divorce Act nor Ontario’s Children’s Law Reform Act does so, meaning that a grandparent in Ontario must rely on more general…
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 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,…
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