Does a father have to continue paying child support if he discovers the child is not his?

The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life. The …

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Man Sues Woman for “Unplanned Parenthood”-  Claim Dismissed, Woman Awarded Costs

The Ontario Court of Appeal recently upheld the dismissal of a claim filed by a man who sued his former sexual partner after she became pregnant with his child. The man had alleged that the woman had deprived him of being able to choose when to have a child and wanted more than $4 million …

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Do Step-Parents Have a Child Support Obligation?

The basic principles of child support with respect to a biological parent’s obligation to pay are relatively straight-forward:  the non-custodial parent is obligated to pay child support to the custodial parent in an amount determined by a formula.  Issues of custody (shared, sole, etc.) and issues surrounding the financial needs and means of the parties are often …

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Does Spousal Support Terminate When the Payor Retires?

Retirement and a Consequent Income Reduction In Schulstad v. Schulstad, the Court of Appeal for Ontario rendered a decision on an appeal of an order terminating the husband’s obligations to continue to pay spousal support and maintain life insurance for the wife’s benefit past the husband’s retirement date. Prior to his retirement, Mr. Schulstad worked as a general surgeon …

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Amber Alert Custody Battle – Allegations of Abuse & Manipulation

In December 2016, 9-year-old Layla Sabry was the subject of an Amber Alert after her mother, Allana Haist, took her and went into hiding instead of attending a scheduled court hearing.  After a 10-day Canada-wide manhunt, Ms. Haist was arrested in Hamilton, Ontario. Custody Battle Layla was born and primarily raised in Egypt by her mother …

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Deciding Custody & Access: Part Science and Part Art

Justice Sloan of the Ontario Superior Court of Justice recently observed that, Deciding the custody and access of children is part science and part art. In Henderson v. Cayuga, Justice Sloan was asked to rule on a motion with respect to the residency schedule of a 4-year-old girl, Sophie.   Sophie’s father expressed serious concerns about …

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The Lawyer’s Role in the Collaborative Process

The Ontario Superior Court of Justice recently had the opportunity to review a lawyer’s role in the collaborative process when the husband in a family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.  Mr. Elliott argued that the lawyer should be removed on the basis …

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How Much is Too Much?

How much money is too much money to spend battling your ex?  How much time is too much time to spend battling your ex?  How much conflict is too much conflict to endure while you battle your ex? A Cautionary Tale for Parents M. v. F., a 2015 decision of the Ontario Court of Appeal, …

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But What About Buddy!

Treating your pet as if they were part of the family has become the status quo in North American homes.  However, in the context of divorce, what do the Courts have to say on the subject? Recently, Justice R.W. Danyliuk of the Court of Queen’s Bench for Saskatchewan, in the Saskatoon Family Division decided to tighten …

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Child Protection Law in Ontario – Katelynn’s Principle & Bill 89

You’ve undoubtedly heard the name Katelynn Sampson along with the unforgettable details of the physical abuse she endured at the hands of the people charged with her care and safety.  Seven-year-old Katelynn died in 2008 after her body went into septic shock.   Her autopsy revealed that she had 70 wounds at the time of her death, …

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