Costs Awards in Family Law Proceedings

In a recent case, an Ontario court expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties”? The Background The parties were married for four …

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Is It Ever Too Late To Seek Spousal Support?

Something you may often hear about in legal circles is limitation periods, which simply put, are the time limits required to bring an action in court. While many things related to family law that people may wish to settle in court are subject to limitation periods, spousal support is not. But that’s not to say …

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Court Refuses Wife’s Request to Set Aside a Marriage Contract

Can parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …

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Court Considers Whether Police Enforcement Of Order Is Necessary

One of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down …

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Contempt of Court for Breaching Access Orders

In a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …

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Facebook Posts Challenge Father’s Credibility

One of the lessons people are learning about social media is that even if people think their content is private, it never really is. Publishing written content or photos/videos on platforms such as Facebook or Instagram can come back to haunt people both socially, and as we see in a recent case from the Ontario …

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Husband Seeks To Cease Spousal Support Upon Retirement

The obligation to pay spousal support is not always one that is easily accepted by the paying party. In fact, we’ve covered many situations in our blog where the paying party has tried to escape this obligation through means such as early retirement or underemployment. As a result, even if someone is legitimately expecting to …

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Supreme Court Weighs In On International Divorce

The Supreme Court of Canada has recently ruled on a case involving two parents who each began divorce proceedings, with the complication being that they each brought the actions in different countries. The ruling, which applies to all Canadian jurisdictions, sheds interesting insight into how issues involving multiple international jurisdictions. A wealthy and mobile family …

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Considerations Regarding Interim Custody

In a recent case, an Ontario court considered both the mother and father’s requests for interim custody of their child. This case highlights the kinds of questions a court must grapple with in determining what custodial and residential arrangements are in a child’s best interests. The Background The parties began living together in May 2014 …

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Court Determines Whether Syrian Divorce Is Recognized In Canada

In many instances, if a couple gets divorced in one country, that divorce is likely to apply in other countries they may live in. But it’s not always so cut and dry. In a recent decision from the Ontario Superior Court of Justice, the court had to determine whether an old divorce obtained by a …

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