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...
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Shankar Law Office
- Jan 15
- 3 min
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...
153 views
Shankar Law Office
- Dec 16, 2021
- 1 min
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...
52 views
Shankar Law Office
- Nov 3, 2021
- 4 min
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...
42 views
Shankar Law Office
- Oct 13, 2021
- 3 min
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...
49 views
Shankar Law Office
- Oct 5, 2021
- 2 min
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...
45 views
Shankar Law Office
- Jul 7, 2021
- 5 min
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...
130 views
Shankar Law Office
- Jun 9, 2021
- 13 min
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...
248 views
Shankar Law Office
- Mar 24, 2021
- 4 min
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...
740 views
Shankar Law Office
- Mar 10, 2021
- 3 min
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...
59 views
Shankar Law Office
- Mar 3, 2021
- 2 min
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...
22 views
Shankar Law Office
- Feb 24, 2021
- 3 min
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...
19 views
Shankar Law Office
- Feb 20, 2021
- 3 min
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...
139 views
Shankar Law Office
- Feb 5, 2021
- 3 min
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...
133 views
Shankar Law Office
- Jan 21, 2021
- 3 min
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...
23 views
Shankar Law Office
- Dec 30, 2020
- 2 min
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...
25 views
Shankar Law Office
- Dec 18, 2020
- 2 min
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...
32 views
Shankar Law Office
- Sep 15, 2020
- 5 min
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
63 views
Shankar Law Office
- Sep 8, 2020
- 1 min
Enforcement of the Terms of a Court Order
Useful guidance on enforcement of the terms of a final order
18 views
Shankar Law Office
- Aug 20, 2020
- 6 min
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?
61 views