The Ontario Superior Court recently considered the position of a father who was appealing a final child support order on the grounds that the motion judge who had granted the order had not read all of the materials that had been filed prior to making the decision about support. The Parties The parties at issue …
Read MoreAn Ontario court recently considered an interesting case where the question of whether a party’s spouse and/or children can be ordered to attend therapy was raised. What Happened? The parties were married in July 2001 and separated in April 2009. The parties had two children of the marriage: C, born in May 2003, and …
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 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 dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, …
Read MoreIn a recent child support and spousal support dispute, an Ontario judge ruled against an Indigenous businessman who argued that Haudenosaunee laws should apply in lieu of Ontario family laws in disputes involving Indigenous families. What Happened? The parents in question had been in a five-year relationship, beginning in 2008 and ending in November 2013. …
Read MoreA $1.4 million costs award shows the danger of engaging in bad behaviour during litigation. See my article at: http://www.advocatedaily.com/jennifer-samara-shuber-judge-sanctions-husbands-misbehaviour-with-1-4-million-costs-award.html
Read MoreThe Human Rights Tribunal of Ontario (HRTO) recently found that a Christian Evangelical school that refused to admit the adopted son of a same-sex married couple did not breach the Ontario Human Rights Code. What Happened? A married lesbian couple wanted to enroll their adopted child in a privately owned and operated Christian school. Both …
Read MoreHave a look at my article on tort damages in family law for invasion of privacy: http://www.advocatedaily.com/jennifer-samara-shuber-privacy-damages-on-the-rise-in-family-law.html
Read MoreThe Court of Appeal recently ruled on a situation involving complicated family dynamics, allegations of abuse, and a restraining order. The Court removed a condition in an order requiring a father to attend family counselling meetings with his ex-wife, her new partner, and the former couple’s children. The Court did not find these terms appropriate …
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