Court Orders Father to Pay Exorbitant Costs Award

The 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 …

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Court Grants Mother Interim Sole Custody of Child

An 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 …

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Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In 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 …

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Factors The Court Will Consider When Making a Costs Award

The 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 …

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Court Determines Which School Child Will Attend

An Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year.   A Special Needs Child The parties separated in 2008. The parties had one child, X, who was 13 years old and starting grade 8 in September 2018. The parties had shared …

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Nova Scotia Courts Consider the Question of Who is a Parent?

Two levels of court in Nova Scotia recently discussed the question of who constitutes a parent, for the purposes of adoption, in that province. At issue was whether the biological father of a child that had been put up for adoption should have received notice of that adoption even though he had no relationship with …

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Gelman Family Law News – Winter 2016

Your Brilliant Future Awaits “The only constant in life is change”. And there is no question that the end of a relationship is a huge change. But what if instead of fearing all the change in your post-relationship life, you embrace the opportunities?! What if you shift your perspective…? Continue Common Law and Property Equalization When …

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Gelman Family Law News – Autumn 2014

Dating Post Divorce I have often felt like a social guinea pig. Only with the benefit of hindsight have I been able to see a pattern (one of many) that has emerged throughout my life. I have had many experiences requiring mental toughness far beyond my years, usually before any one of my contemporaries. One such …

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Gelman Family Law News – Spring 2015

How Counselling Can Help on the Road From Separation to Divorce So, you and your spouse have tried to talk and work towards getting along better, but somehow things go back to the way they were no matter how hard you try. Perhaps it’s time to consider working with a professional who can help guide …

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