Court Orders Mother to Undergo a Capacity Assessment

In some situations, one party in a proceeding may ask the court for an order directing the other party to undergo to a capacity assessment. An Ontario court recently considered this interesting question and explained when it might be appropriate to impinge upon a party’s autonomy and privacy interests by making such an order.   …

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Mother Accuses Employer Of Violating Human Rights In Not Accommodating Daycare Needs

Childcare is an expensive, and it’s something many Canadian families struggle with, both in terms of affordability and availability. What is not often discussed is the challenges faced by parents who are unable to find daycare for their children.  A recent case from the Ontario Superior Court of Justice looked at whether a parent was …

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Divorced Couple Disputes A Number Of Child Support Issues

There are many factors that can contribute to what amount of child support one parent may have to pay to another following a separation or divorce. There are both provincial and federal child support guidelines which help dictate how much a parent should pay based on factors such as income, while also addressing items such …

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When Sole Custody is More Appropriate Than Joint Custody

The court recently considered when it might be appropriate to grant sole custody to one party over the other.   The Parties’ Story The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. In 2012, the parties executed a separation agreement, in which they …

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Failure to Ensure Procedural Fairness in Arbitration is Denial of Natural Justice

An Ontario court recently considered whether or not it should overturn an arbitration award because one of the parties only received notice that mobility was an issue the day before the arbitration commenced.   Background The parties were married in May 2003 and separated in January 2011. They had three children together. In 2013, the …

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Amazon Founder’s Divorce Makes Headlines

High profile divorces make for great headline fodder, but when one of the wealthiest couples in the world announce they are divorcing, discussions around the couple can really heat up. Last week, Jeff Bezos, the founder of retail giant Amazon, announced he and his wife MacKenzie were divorcing after 25 years of marriage. The couple …

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Gelman & Associates Is Attending Canada’s Bridal Show!

The team at Gelman & Associates is excited to be partaking in Canada’s Bridal Show at the Metro Toronto Convention Centre in Toronto this weekend. The show, which runs from today through Sunday is described as the largest and most prestigious bridal show in Canada, bringing in thousands of people over the course of the weekend. …

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Homemade Separation Agreement Ends Up Costing Couple Time and Money

Hiring an experienced family lawyer is a critical step when going through a separation or divorce. It may be tempting to attempt to cut costs by going through the process alone, but as one Ontario couple recently learned, doing things without legal representation can result in an expensive and time consuming experience. Background The couple …

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Father’s Credibility Questioned After Review Of Instagram Account

While social media can be an amazing tool – allowing us to communicate and share our lives with people around the world, it also brings with it an inherent lack of privacy. Even “private” accounts may be made public, and deleted photos or posts are not necessarily gone forever. It is important to carefully consider …

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When the Court Will Stay an Order Pending Appeal

An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal.   The Parties’ Story The parties were the parents of a five-year-old child. They separated when the child was approximately one year old. The child resided primarily with the mother after the parties’ separation, until June …

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