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Bankruptcy Claim Trumps Wife’s Access To Proceeds From Home Sale

Family law can be a difficult enough world to navigate in the best of times. When other areas of law enter the picture, things can become even more complicated. Oftentimes people may go through a separation or divorce and receive an order dictating how their property will be divided after the relationship ends. However, as …

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Marriage Contracts and Limitation Periods

Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to …

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Parties Disagree Over Ownership Of Home

When separated or divorced parents find new partners and establish a long-term relationship, a blended family is formed. Oftentimes, the finances of such a relationship can be complicated due to obligations from previous relationships or court orders. A recent decision from the Ontario Superior Court of Justice shows how important an honest approach to family …

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Court Dismisses Motion to Lift Supervised Access Order

At what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always encouraged, judges have the ultimate responsibility to ensure that orders in relation to children are safe and appropriate. The Children’s Aid Society …

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Canada’s Supreme Court Updates Its Position On Retroactive Child Support

Whenever the Supreme Court of Canada issues a ruling related to Family law, we at Gelman & Associates will summarize it here in our blog.  This fall the country’s highest court issued a ruling clarifying its position on retroactive child support when the child is no longer a minor. Retroactive child support When someone has …

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Children and Schooling during COVID-19: In-Person versus Online Learning?

We have recently blogged about a number of cases where the courts were tasked with making decisions about children’s schooling during the COVID-19 pandemic. Given the time of year, there has been a myriad of these types of cases appearing before the courts. In yet another recent case, an Ontario court considered a father and …

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Mother’s Allegations of Abuse are not Found to be Credible; Custody Arrangement Enforced

Nearly three years ago, Gelman & Associates’ Irina Davis represented a father in a case dealing with custody and access where the parents had a relationship high in conflict and were unable to make parenting decisions together. Over two years since the original order, the parties have found themselves back in court after the mother’s …

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Terminating Spousal Support

What constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal considered this very question and was asked to determine whether the trial judge erred in terminating spousal support. The Husband’s Decision to Retire The parties were married for …

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Who Is In The Best Position To Decide If Schools Are Safe?

We wrote last week about the return to school and the annual spike in trials related to moving a child from one school to another. Of course, COVID-19 has only added to the number of issues that parents must sort through as disagreements can arise about whether it’s safe to send a child to attend …

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The Children’s Best Interests: Changing Residences and Schools During COVID-19

As the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …

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