The Ontario Court of Appeal has overturned an earlier decision by an Ontario judge which compelled the mother of two children who had taken her children from England to Canada to return the children to their father in England. The Court found that the original application judge who had heard the father’s Hague Convention application …
Read MoreThe court recently reviewed the factors that must be considered in determining which litigant in a family law proceeding should be awarded costs, and in what amount. What Happened? The parties met in Afghanistan in approximately 2008. They had one child, born in October 2010. The mother came to Canada with her family, including the …
Read MoreWe’ve previously blogged about surrogacy laws in Canada, including the concept of “altruistic surrogacy” (an arrangement in which the surrogate does not receive any financial compensation for her surrogacy services beyond any compensation for reasonable pregnancy-related expenses and medical costs). Currently, commercial surrogacy (i.e. any surrogacy where a surrogate mother receives payment for her surrogacy …
Read MoreA recent Ontario decision considered the question of when a party’s obligation to pay child support may be deferred for a period of time. What Happened? The parties had dated briefly. During this time, the mother became unexpectedly pregnant. The parties had one child, born in November 2016. In June 2017, the parties entered into …
Read MoreHave a look at the first part of my article on what estate lawyers should know about family law: http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-1-1.html
Read MoreAn Ontario court recently assessed a motion filed by a father seeking to prevent the mother of his children from moving into a different school district. The court declined to make the order, noting that they did not want to restrict the mother’s ability to find affordable housing. What Happened? The parties met in Indonesia …
Read MoreThe Ontario Court of Appeal recently grappled with the important question of when a common law partner’s claim for a constructive trust interest in a home may or may not be allowed. What Happened? The parties were common law partners who had cohabited for 15 years, from 2000 to 2015. At no time did the …
Read MoreAn Ontario court recently ruled on a motion filed by a wife who wanted to sever her claim for divorce from her claims for collateral remedies. The husband in question opposed the motion, arguing that he would no longer receive medical benefits from the wife’s insurer once they were divorced and wanting all outstanding issues …
Read MoreThe Ontario Superior Court of Justice recently considered the question of when a court may or may not find that an order to arbitrate a family law dispute is enforceable. What Happened? The parties were separated and had been involved in a family law matter since 2014. In August 2016, the parties and their counsel …
Read MoreDivorce does not discriminate. It happens in short marriages (the so-called “starter marriage”), in medium length marriages (8 to 20 years) and in long term marriages (20 plus years) as well. Couples who are very young, middle aged and older can all be affected. When parties in their fifties and older separate, the phenomena has …
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