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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- Nov 10, 2021
- 3 min
Credibility and Reliability: What Does it Mean?
R. v. H.A., 2021 ONSC 6916, is a recent case by Justice Bell that goes into the issues of credibility and reliability. In any trial,...
1,473 views
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- 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...
87 views
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- 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...
54 views
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- 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...
238 views
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- 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...
347 views
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- 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...
62 views
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- 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...
179 views
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- 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...
27 views
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- Oct 14, 2020
- 3 min
Interim Change of Status Quo Before Trial
...determining how a final custody order may be changed if at all at the interim stage.
409 views
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- Oct 7, 2020
- 2 min
Partition Orders
If there is a dispute regarding a matrimonial home, and parties are unable to agree to its disposition, the Court may well order a sale
50 views
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- Sep 30, 2020
- 3 min
Effect of Not Obeying Court Orders
The party should explain IN DETAIL the reasons for not being able to follow the order and should give detailed evidence
144 views
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- 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
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- Sep 11, 2020
- 5 min
Costs Awarded for Lack of Preparation for a Case
it gives a birds eye view of the responsibilities that a client and lawyer have to fulfill in going for a conference ...
136 views
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- Sep 8, 2020
- 1 min
Enforcement of the Terms of a Court Order
Useful guidance on enforcement of the terms of a final order
19 views
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- 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?
78 views
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- Jul 9, 2020
- 12 min
What The Valuation Date?
Often I am asked by clients in matrimonial cases as to what the valuation date is. Generally the valuation date is the date of separation
199 views
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- Jul 7, 2020
- 5 min
Immediate Pension Transfer vs. Rollover of Pension in Future
Case laws, based on particular circumstances, have held that pensions may be ordered to be transferred immediately instead of waiting
41 views
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- Jun 30, 2020
- 13 min
Partition and Sale of a Matrimonial Home
the issue of partitioning and sale of a matrimonial home – when one party wants such a sale and the other party resists such a sale
1,630 views
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- Jun 19, 2020
- 4 min
How Moderate Should I be in My Affidavit?
Clients are often carried away by emotions. Lawyers, less so. Yet, there are times when lawyers too get carried away along with clients
197 views
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