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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...
Shankar Law Office
Mar 3, 20212 min read
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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...
Shankar Law Office
Feb 24, 20213 min read
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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...
Shankar Law Office
Feb 20, 20213 min read
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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...
Shankar Law Office
Feb 5, 20213 min read
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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...
Shankar Law Office
Jan 27, 20214 min read
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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...
Shankar Law Office
Jan 21, 20213 min read
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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...
Shankar Law Office
Jan 6, 20212 min read
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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...
Shankar Law Office
Dec 30, 20202 min read
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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...
Shankar Law Office
Dec 18, 20202 min read
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Setting aside a default judgement
In Eddy v. Erb, 2020 ONCJ 383, Justice Schwarzl went into this issue and gave the tests for setting aside a default.
Shankar Law Office
Oct 28, 20203 min read
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Interim Change of Status Quo Before Trial
...determining how a final custody order may be changed if at all at the interim stage.
Shankar Law Office
Oct 14, 20203 min read
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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
Shankar Law Office
Oct 7, 20203 min read
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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
Shankar Law Office
Sep 30, 20203 min read
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