Common Law Partners and Joint Tenancy

An Ontario court recently ordered that a man who was found to have gifted his former common-law spouse a 50% interest in the home they had lived in together had to either buy out the former spouse’s half interest, or the home had to be sold and profits divided equally if he wanted to resolve …

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Disobeying Court Orders and Non-Disclosure of Documents in Child Support Proceedings

An Ontario judge recently ordered that a father pay almost $25,000 for failing to disclose relevant financial information in a child support dispute within a reasonable period of time. What Happened? The former couple met in 1981 when they were both 19 years old, and were in a common-law relationship for approximately four years, resulting …

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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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What Happens When, Post-Divorce, a Parent Changes Their Child’s Name Without the Other Parent’s Permission?

A Nova Scotia court recently explored a dispute between two divorced parents, in which the father claimed that the mother had forged his signature on a government form and changed the last name of their child without his permission. The Name Change: What Happened? The child in question was born in 2009. At the time, …

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