Gelman & Associates Lawyer Quoted In Parliament

On May 22, 2018, Bill C-78 was introduced in the House of Commons. The bill proposes significant changes to a number of existing acts, including the federal Divorce Act, the Family Orders and Agreements Enforcement Act and the Garnishment, Attachment and Pension Diversion Act. The bill’s sponsor, Jody Wilson-Raybould, MP for Vancouver Granville, summarized its …

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An Annulment vs. a Divorce: Which One is Appropriate?

An Ontario court recently considered the interesting question of when it may grant a party’s application to annul their marriage (instead of getting a divorce).   The Parties’ Story The parties got married on August 16, 2016. They separated on January 10, 2017. On March 9, 2018, the wife commenced an application, seeking an annulment …

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Ignoring Payment Of Costs Can Be An Expensive Mistake

Complying with a court order is a serious responsibility. We’ve blogged in the past about the importance of it, and the consequences that can arise when court orders are not followed or outright ignored. Whether a party is made to pay child support, spousal support, or to follow any other orders, such as to avoid …

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When Will a Court Order Interim Costs and Disbursements?

An Ontario court recently considered a case where a husband appealed from an interlocutory order that required him to pay his wife $150,000 for interim costs and disbursements.   What Happened? The parties were married in 2002 and separated in 2013. They had four children together. In 2007, following a period of difficulty, the parties …

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Court Asked To Determine If A Divorce Overseas Is Valid, If It Occurred At All

Canada recognized marriages and divorces in the performed in other parts of the world. However, determining whether a couple has been properly married, or in the case we are about to discuss, properly divorced, is not always an easy task. In a recent case before the Ontario Superior Court of Justice, the court was tasked …

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Same-Sex Parent Denied Temporary Access to Child

An Ontario court recently dismissed a same-sex parent’s application for temporary access.   What Happened? The parties, S and H, were both 18 years old. They had an intermittent, same-sex romantic relationship since at least 2014. S became pregnant with a child while she was in a relationship with her then boyfriend. The child was …

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How Many Years After Separation Will the Court Order Spousal Support?

An Ontario court recently considered whether or not it should award spousal support to a spouse who brought his claim many years after the parties’ separation.   The Parties’ Story The parties married in May 1990, separated for about two years in the late 1990s, got back together and separated for a final time in August …

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Court of Appeal Opens the Door for Determining Whether Indigenous Law Should Have Priority Over Ontario Law in Family Law Disputes Involving Indigenous Parties

The Ontario Court of Appeal recently added a chapter to the ongoing legal dispute between two Indigenous parents involved in a highly contentious battle over child support and spousal support. With this latest decision, the Court has potentially opened the door for a full hearing on the fundamental question of Indigenous self-governance, Treaty rights and …

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Dispensing with Privacy: Court Orders Spouse to Produce Medical Records

An Ontario court recently considered if the father of a young child had a right to privacy or whether he should be compelled to produce the medical records in relation to his alcohol dependency and mental health issues.   What Happened? The parties met in September 2014. They cohabited from October 2016 to January 2017, …

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