For those who don’t spend their days working in the world of the law, it’s natural to think that appeals of decisions might be the norm. However, appeals aren’t always allowed. Although they can be requested, the courts can reject an application for an appeal. In other cases, such as one case recently heard before …
Read MoreA few weeks ago we blogged about a decision in which a father attempted to alter his access schedule with his child during COVID-19. The court had determined that the father’s request was not urgent. Our own Irina Davis represented the mother in that trial and did so again during a recent hearing where costs …
Read MoreIn a recent case, an Ontario court expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties”? The Background The parties were married for four …
Read MoreThe mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …
Read MoreGelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …
Read MoreIn a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …
Read MoreThe reason behind costs awards in family law matters When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect …
Read MoreComplying 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 …
Read MoreAn 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 …
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 …
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