Case law

Case law: Life insurance, will and family law obligations

Dagg v. Cameron Estate 2017 ONCA 366: This case is a good illustration of how family law issues can continue long after the case has been initially resolved — in this case, beyond the death of one of the parties.
Stephen and Anastasia Cameron were married in 2003 and had two children.

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Case law: Privacy of child’s OCL records

Ontario (Children’s Lawyer) V. Ontario (Information and Privacy Commissioner) 2018 ONCA 559: This case, eventually decided by the Ontario Court of Appeal earlier this year, addresses the privacy of children’s records kept by the Office of the Children’s Lawyer.
A custody and access case between the parents of two children eventually led to the involvement of the OCL,

Case law: Withdrawal from parental control

R.G. v. K.G. et al. [Indexed as: G. (R.) v. G. (K.)], 136 O.R. (3d) 689:  When they separated, the parents of G entered into an agreement that the father would have custody of her until her 18th birthday and the mother (who lived in Florida) would have access.

Case law: Child support variation for adult children

Colucci v. Colucci, 2017 ONCA 892: This Court of Appeal decision established that the court has jurisdiction to vary child support under s.17 of the Divorce Act even after the children are over the age of 18 and therefore no longer considered ‘children of the marriage’ as defined in s.2(1) Divorce Act.

Case law: Equalization, spousal support and costs

Berta v. Berta 2017 ONCA 874:  The parties were married for 27 years, from 1982 to 2010. They had no children. They owned equal shares of a business created by the husband during the marriage.
When they separated in March 2010, there were two principal assets: the matrimonial home and the shares in the business.

Case law: Variation of spousal support

Black v Black 2015 CarswellNB 449: This is a Court of Appeal decision from New Brunswick, involving a marriage of just over 8 years, with no prior cohabitation and no children. The Court of Appeal characterized it as a short-term non-traditional marriage for the purposes of assessing spousal support.

Case law: Setting aside a marriage contract

Shair v Shair 2015 CarswellOnt 14332: Mr. and Mrs. Shair signed a marriage contract a month before they got married in 1996. When they separated some years later and the husband sought a divorce, the wife brought a motion to set aside the marriage contract and for equalization of family property and spousal support.

Case law: Sealing a family court order

G.M. v R.M. 2015 CarswellOnt 9375: We have provided a summary of the substance of this case earlier. It dealt with custody and access issues relating to a child who identified as gender fluid/transgender, and each parent wished to deal with this issue differently.
Because of the nature of the issue at the heart of the custody case,

Case law: Child’s gender identity

Halton Children’s Aid Society v G.K. 2015 ONCJ 307
Although the issue at the centre of this case is the gender identity of a child, the case is surrounded by the presence of domestic violence, which does not seem to be taken into account by the court in dealing with the custody and child protection matters.

Family violence screening tools for family law practitioners

Update: This report on family violence screening is now available on the Department of Justice website.
We are excited to announce that Luke’s Place has recently completed a research project with funding from the federal Department of Justice that looks at family violence screening tools for family law practitioners.