As noted in an earlier post, the regular operations of the Ontario Superior Court of Justice have been suspended under the Notice to the Profession of the Chief Justice of Ontario (the Notice) since March 15, 2020. A determination of “urgency” must therefore be made pursuant to the Notice. In a recent case, the Superior …
Read MoreWhat happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …
Read MoreIs it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan. The Parties’ Story In 2011, the parties …
Read MoreAn 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 …
Read MorePlease see my latest interview on the Hague Convention and the newly expanded habitual residence test: https://www.advocatedaily.com/jennifer-samara-shuber-scc-family-law-bar-divided-on-habitual-residence-test.html
Read More
