Since the COVID-19 pandemic began, courts have had to consider parties’ requests to hear motions and decide whether a matter meets the “urgency test” (set out below) on a case-by-case basis. In a recent decision, an Ontario court considered whether a mother’s motion met this test in the context of a more recent notice to …
Read MoreIn a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …
Read MoreIn a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings. The Parties’ Story The parties separated in January 2016. They had two children together, ages seven and three. Since separation, the parties had been …
Read MoreIn a recent case, the court considered a father’s request to set aside a restraining order that prevented him from having access to his six-year-old son. The Parties’ Story The parties, who never lived together, had one child. The father was in jail for almost the first two years of the child’s life. In June …
Read MoreAn Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …
Read MoreIn a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …
Read MoreAn Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal. The Parties’ Story The parties were the parents of a five-year-old child. They separated when the child was approximately one year old. The child resided primarily with the mother after the parties’ separation, until June …
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 …
Read MoreIt is 7:30 am on the morning of the third day of trial. Yes, I slept in today. Worked late and couldn’t move when the alarm went off at 6:00. But still had trial dreams. Yuck. Yesterday was a good day. The other side didn’t seem to score any points in cross of our client. …
Read MoreIt is 6 am on the morning of the second day of trial. I have been up for hours. When I slept I dreamed of the trial. I am reminded of what it means to live and breathe a case. We opened our case yesterday. The judge is hard to read, nodding and listening and …
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