In 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, an Ontario court considered the interesting question of how much spousal support should be awarded to a wife whose husband earned approximately $2,090,000 per year. The Parties’ Story The parties began to cohabit in December 2001, married in June 2006 and separated in May 2017. While the husband was a very …
Read MoreCourt orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order. What Happened? The …
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 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 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 MoreAn Ontario court recently considered the interesting question of when it might be appropriate to order a sealing order and publication ban in a family law proceeding. The Parties’ Story The parties, who were separated, had one child. The father had brought a motion to change a final order that was made in 2015 and …
Read MoreAn 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 …
Read MoreTwo 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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