Successful defence against the property claims of a common law spouse based upon resulting trust and unjust enrichment.
Representing the father in a mother’s motion to suspend access to their child.
A father’s motion to expand and change terms regarding access to his child.
A decision on costs relating to a husband’s motion to change the spousal support provisions of a separation agreement, which he abandoned after the wife responded. The decision also addresses claims made by the wife in her response.
Appeal from an order for summary judgment in a family matter determining whether funds provided by parents to their daughter and her husband constituted a mortgage loan or a gift.
An application by a father requesting an order declaring that his child’s habitual residence was in Ontario and as such the Ontario Court of Justice had jurisdiction to make orders in relation to the child.
An application by a mother to have her surname added to her child’s name, hyphenating the child’s surname.
Matter dealt with the court’s decision regarding costs of a trial and for prior steps for which costs could not be recovered until the final adjudication of the case.
Charges: Impaired Operation/Over 80 contrary to section 253 (1)(a) and (b) of the Criminal Code of Canada. The Court used R v. Pino, 2016 ONCA 389 to retroactively exclude breath samples (subject to section 24(2) of the Charter) on the basis of a section 9 Charter breach (overhold, arbitrary detention). In addition, due to the nature of the breach, the Court dipped below the mandatory minimum (as set out in the Criminal Code) under the ambit of Section 24(1) of the Charter.
Matter to determine payment of retroactive spousal support and the division of net family property.
Matter dealt with importance of offers to settle and costs being awarded in favour of the successful litigant.
A mobility dispute between parents of a young child, in which the father sought an order directing that the child reside primarily with him after the mother moved to a town approximately an hour away.
Matter dealt with change of venue and statutory test of “preponderance of convenience”. Test of “substantial” convenience is more demanding that a test of “preponderance of convenience”. In any assessment of “preponderance of convenience” test, court must consider child’s best interests and not necessarily wishes or convenience of parties.
Matter dealt with motion to remove other party’s lawyer from record due to conflict of interest and award of costs personally against opposing counsel.
Matter dealt with custody, access, child support and equalization of family property.
Matter dealt with father’s request to have unsupervised access visits to the child and mother’s attempt to unreasonably deny the access.
Matter to determine an appropriate variation in spousal support obligations based on a material change in circumstance.
Petition for divorce with claims of spousal support, child support and general damages for physical/emotional abuse.
Matter dealt with the validity and enforceability of a previous separation agreement that excluded future claims for spousal support.
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