The courts have the discretion to decide whether or not to award interim disbursements to a party in a family law proceeding. Sometimes, as in this recent Ontario case, the court will award one party interim disbursements to pay for various expenses related to litigation, such as the cost of legal fees, business valuation reports …
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 MorePeople often ask me why I believe in mediation. Why I mediate. I believe in mediation because, in many cases, it is a superior process to litigation and results in better outcomes for individuals and families. Self-Determination Couples going through a separation often feel powerless. Circumstances in their personal lives have gotten to the point …
Read MoreOn May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect 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 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 MoreIn an earlier blog post, I made reference to a November 2016 decision of the Honourable Mr. Justice Pazaratz and his denunciation of the parties’ practice of videoing each other with the child. In re-reading the Reasons in the Whidden and Ellwood case, I discovered commentary by Justice Pazaratz on a wealth of other relevant …
Read MoreCellphone videos and photos have become an epidemic in family law cases. Almost every client who comes in the door wants to show me a video of his or her spouse behaving badly. This is particularly so in custody cases. One parent videos (often surreptitiously) the other parent’s interactions with the child, in the hopes …
Read MoreI just read an excellent paper on retirement and its impact on the payment of spousal support which I thought might be of interest to my readers. The paper is entitled “Can a Support Payor Ever Retire?” by Jodi R Fleishman. I would be happy to provide you with a copy of the paper – …
Read MoreSo I got really busy and couldn’t blog on the last two days of trial. Lots of stuff happening. I didn’t think anyone would notice. Figured I would just do it later. But, surprise, surprise. I got notes from people asking about the trial, who want to know what happened. I am so pleased to …
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