After an 18 day trial, the judge in this case did not change the primary care/residence of the children, age 17 and 14 only because of their ages. Otherwise,  after reading this case, and if the children were younger, the judge may well have ordered a change of residence and care from the mother to the father. Cousins v. Healey,  2025 ONSC 5512 (CanLII), < https://canlii.ca/t/kfmwv > The judge’s reasoning was that at ages of 17 and 14, it is very difficult to force children a

Insights from Recent Court Cases In a common law relationship, the answer is yes. Will you be successful? Possibly. This was recently debated in a Superior Court case where the parties lived together from 2006 to 2022 and shared one child. Byrne v. Milner , 2025 ONSC 5272 (CanLII), < https://canlii.ca/t/kfk2s >, sheds light on this issue. The Case Background The respondent owned a home in London, Ontario. The judge found that the four factors for an unjust enrichment claim we

Sethi v. Sethi , 2025 ONSC 5079 (CanLII), < https://canlii.ca/t/kf8n8 > In a recent case for an uncontested trial, the judge in the superior court, with some reluctance, took a practical and principled approach to consider an award of damages. The judge indicated that great care normally must be taken in drafting such a claim, but the facts pleaded within the application spoke to specific incidents and an overall pattern of emotional, physical and financial harm caused to the

There is increasing acceptance by courts to award damages to spouses claiming violence against them in terms of actual dollars for the torts and trauma that they have suffered during their relationship. However, a recent case in the superior court highlights the importance of quantifying and making a strong case by detailing the suffering and trauma caused rather than simply making a claim in a rhetorical manner. In other words, it is not enough to simply say that the applica

According to a recent superior court case, the answer is yes. The court applied the principles to obtain damages for defamation as...

Sometimes clients ask me as to whether or not a court will take into account the family pressures that they are under prior to being...

A recent case, N v. G, 2025 ONSC 3565 (CanLII), gives us much-needed guidance and relief to parents who have been faced with parental alienation from their children.  This case was originally reported at 2025 ONSC 3565 (CanLii), < https://canlii.ca/t/kcphr > but for unknown reasons, the public citation and report has been removed. However, it continues to be good case Law and this case continues to be reported on a paid subscription site of Quick Law found at [2025] o.j. 2642

Most Family Law cases in the Superior Court/unified Family Court deal with property issues. When the couple is married they are required...

Recently I attended a family conference and I am shamelessly borrowing from some of the ideas expressed at that conference. So thanks to...

In considering delay, courts should look at whether the reason for delay is understandable, not whether there was a reasonable excuse for...

Why is retroactive child support so important in terms of the law? Retroactive child support simply holds payors to their existing (and...

This topic as a blog is so extensive that I have to break it down into three blogs. So in this first blog, I will only talk about some...

In March of 2021, the Divorce Act and the Children’s Law Reform Act were amended. The acts no longer refer to “custody” or “access”, but...