Judge Criticizes Father Who Submitted “Sexts” Sent by Mother as Evidence in Custody Dispute

The Ontario Superior Court recently addressed the question, “Do nude pictures of parents help judges decide who should get custody?”. Justice Pazaratz answered in the negative and criticized a father for attaching series of nude selfies of his ex-spouse to an affidavit that he filed in support of his motion for a custody change. The …

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Revenge Porn Defendant Given Another Chance at Defence After Court Overturns Default Judgment

  Guilty by Way of Default Judgment Social media continues to provide challenges across many areas of Canada’s judicial system. One particularly troubling reality of our modern digital age is “revenge porn,” in which people release nude images or videos of former sexual partners. On January 21, 2016, Justice Stinson of the Ontario Superior Court …

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Efforts Being Made to Provide Home Insurance Payouts for Victims of Domestic Violence

A recently introduced private members bill from Toronto MPP Mike Colle seeks to direct insurers to pay out claims for cases involving domestic violence. The Innocent Persons Insurance Recovery Act was introduced by Colle in the wake of a CBC investigation that exposed clauses found in some insurance company policies that nullify fire damage coverage …

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Judge Slams Mother’s Behaviour During Lengthy Divorce Trial

A judge criticized the “irresponsible” behaviour of a self-represented mother in a divorce case that had spanned roughly ten years. Among the mother’s inappropriate actions was the failure to show up for a motion date she had requested. The Parties Justice Rempel made a point of emphasizing the “relentless pace and complexity of the protracted …

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The Reality of Costs in Family Law Disputes

A recent decision by the Ontario Superior Court provides divorcing parents with a cautionary tale about allowing outstanding disputes to get out of control and racking up huge costs. What Happened? Following their separation, the parties at issue resolved many of the outstanding financial issues on their own. The remaining issues all related to parenting …

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Domestic Violence and Invasion of Privacy: Serious Allegations Made During Divorce Proceedings

The Ontario Superior Court of Justice recently considered the appropriate amount of damages to award in a divorce matter involving both invasion of privacy and domestic violence allegations. What Happened? The parties in question were married in September 2010, and had one child in October 2011. The wife left the husband in April 2012 and …

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Can a Father Force a Mother and Child to Return to Ontario?

In a decision in which a father sought a court order forcing the mother of his child to return to Toronto after she moved to New Brunswick in violation of a previous court order, an Ontario court permitted the mother to remain in New Brunswick, based on the best interests of the child in question. …

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Removal of Counsel from Record in Family Law Proceedings

The Ontario Superior Court recently commented on interference with a party’s choice of counsel in family law disputes, and dismissed a request to remove counsel from the record. What Happened? The parties signed a separation agreement a number of years ago, and a divorce was later granted in 2007. Both parties were now seeking variations …

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