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Shankar Law Office
Jun 30, 20214 min read
Certificate of Pending Litigation
In Safarloo v. COR-C Corp., 2020 ONSC 6535 (CanLII), Justice Kurz Summarized the law and the application of the principles in this area. ...
552 views
Shankar Law Office
Jun 23, 20217 min read
What are the Options That a Court has for Decision Making in Family Matter?
The options available to the court include the following: 1. It may grant sole decision-making responsibility in all areas to one...
467 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 28, 20214 min read
What are the Reasonable and Probable Grounds for Arrest for Impaired?
I have clients who ask me to represent them for charges of impaired. One wonders if police officers have reasonable and probable grounds...
529 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
Jan 6, 20212 min read
Do Not Breach Court Orders and Do Not Overhold Children
This is the lesson given loud and clear in Beaulieu v. Diotte, 2020 ONSC 6787 by Justice Mackinnon. The respondent unilaterally overheld...
82 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
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