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Shankar Law Office
Nov 18, 20223 min read
How Not to be "Taken to the Cleaners"
As this title states, it implies that one or both parties at the end of a divorce of a couple or separation for a non-married couple are...
583 views
Shankar Law Office
Jan 15, 20223 min read
Unequal Division of Net Family Property: A High Bar to Achieve
Sometimes, clients ask me if, based on poor spending habits by the other party, they can have their net family property unequally divided...
678 views
Shankar Law Office
Dec 16, 20211 min read
Don't Change the Status Quo Based on the COVID-19 Excuse!
In this decision just released, the Court refuted the stance of the mother that there was a need to diverge from the pre-pandemic status...
146 views
Shankar Law Office
Nov 3, 20214 min read
Second Case Mandating Vaccination for a 14 Year Old
In Saint-Phard v. Saint-Phard, 2021 ONSC 6910, the court on the plea of the father decided that it is in the child’s best interests to be...
103 views
Shankar Law Office
Oct 13, 20213 min read
In Person Schooling and Vaccination of Children
In AC v LL, 2021 ONSC 6530, just released, Justice Charney ordered that if there was a choice, children should attend in person schooling...
66 views
Shankar Law Office
Oct 5, 20212 min read
Making a Good Case for Mobility, Shared Parenting Time and Interim Sale of Matrimonial Home
In the attached case of Lee v Eckinswiller, 2021 ONSC 6519, which was just published, counsel for the father won on all grounds. Mother...
62 views
Shankar Law Office
Jul 7, 20215 min read
Setting Aside a Domestic Contract or Separation Agreement
Introduction: I do a lot of separation agreements and domestic contracts. Clients often ask me if what they are signing is absolutely...
452 views
Shankar Law Office
Jun 9, 202113 min read
The Law Related to Separation Date
McBennett v Danish 2021 onsc 3610 Madam Justice Chappell beautifully summarizes the law related to separation date. Often I've couples...
765 views
Shankar Law Office
Mar 24, 20214 min read
Amended Children’s Law Reform Act - 1
There is a new sheriff in town! Actually, there is a new sheriff in the form of the re-worded and amended and updated Children’s Law...
1,007 views
Shankar Law Office
Mar 10, 20213 min read
Mobility – Moving with the Children from Ottawa to Kingston:
Should the children be moved to Kinston or remain in Ottawa? Justice O’Bonsawin started his analysis by looking at Gordon v. Goertz, 1996...
79 views
Shankar Law Office
Mar 3, 20212 min read
Should Value of Work Client Contracts be Part of an Equalization Calculation?
Justice Hebner in Abitbol v. Abitbol, 2020 ONSC 4619 addressed this issue. He started by analyzing the law first: I start with the...
32 views
Shankar Law Office
Feb 24, 20213 min read
Parental Autonomy v. Situation Where a Relative Wants the Child to be Part of His / Her Family:
The stepmother wanted access to a child, such access opposed by the father and by the mother. The mother and father submit that they...
270 views
Shankar Law Office
Feb 20, 20213 min read
When are Unreasonable Behaviours Fit Case for Increased Costs?
Sometimes, in family cases, bad faith and unreasonable behaviour are indicia for increased costs. What exactly do we mean by “bad faith...
245 views
Shankar Law Office
Feb 5, 20213 min read
Can a Matrimonial Property be Sold Before Trial and What are the Circumstances of Such Sale?:
The short answer is yes! This was affirmed recently in a case called Bailey-Lewis v. Lewis, 2020 ONSC 7525 by Faieta, J. A person with an...
207 views
Shankar Law Office
Jan 21, 20213 min read
How to Determine a Party’s Capacity to Earn Income:
Justice Chappel in Corcios v Burgess, 2011 ONSC 3326 laid out the following principles that are still followed to date on how to...
32 views
Shankar Law Office
Dec 30, 20202 min read
Contempt Principles in Family Litigation and Order to Remove Negative Internet Postings
Often times, once a relationship goes downhill, one of the parties may react negatively and post numerous negative postings on the...
33 views
Shankar Law Office
Dec 18, 20202 min read
Piercing the Corporate Veil When Entities are so Closely Related
Should the courts in appropriate family law cases disregard the separate legal personality of a corporate entity where, in the latter...
38 views
Shankar Law Office
Sep 15, 20205 min read
In-person school v. online learning
Judges ruled that the parents had an obligation to send their child to school despite the excuse of the pandemic
70 views
Shankar Law Office
Sep 8, 20201 min read
Enforcement of the Terms of a Court Order
Useful guidance on enforcement of the terms of a final order
22 views
Shankar Law Office
Aug 20, 20206 min read
What is the Definition of Property for a Married Couple When They Separate?
Are WSIB benefits and contingency fees property when a married couple separates?
106 views
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