CBC News reported this week that a 38-year old Jamaican woman is seeking to stop the adoption of her son by a B.C. family, a case that is raising some interesting legal issues. What Happened? The child at the heart of this legal battle was born in Jamaica and spent the first few years of …
Read MoreAn Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support. What Happened? The parties began cohabiting in …
Read MoreLast December, the federal government implemented major changes to parental leave. As of December 3, 2017, eligible new parents planning to take parental leave can spread 12 months of employment insurance (EI) benefits over 18 months following the birth of a child. The changes are intended to provide parents with more flexibility for family responsibilities. …
Read MoreThe Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, …
Read MoreA judge in Nova Scotia gave custody of a toddler back to the child’s birth parents after finding that there would be no substantial risk of physical or mental harm to the child. The child had been removed from the parents care by the Minster of Community Services who felt that the parent’s mental health …
Read MoreA recent Ontario decision outlines when a court might make an adoption order – even if the biological parents do not agree to such an order. What Happened? The biological parents had one child, who was born in 2013. The mother was 16 years old when the child was born. The father had not been …
Read MoreIn a recent child support and spousal support dispute, an Ontario judge ruled against an Indigenous businessman who argued that Haudenosaunee laws should apply in lieu of Ontario family laws in disputes involving Indigenous families. What Happened? The parents in question had been in a five-year relationship, beginning in 2008 and ending in November 2013. …
Read MoreA recent Ontario decision serves as a reminder that emails, text messages and other forms of social media can be introduced as evidence in family law proceedings. Judges may consider – and rely on – the content of these communications when determining important matters before them. What happened? The parties were married in June 2004, …
Read MoreA recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce. What Happened? The parties separated in 2005, after eight years of marriage, …
Read MoreAn Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children’s Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA). What happened? The parties were married in July 2013 and separated in …
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