Case law

Recent case: Judge upholds marriage contract

Toscano v Toscano 2015 ONSC 487
Ms Toscano entered into a marriage contract when she married Mr. Toscano in which the two of them agreed to be separate as to property: that neither would make a claim against the other for a share of the other’s property.
The Toscanos separated after a 17-year marriage,

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Basic income and gender: An important consultation

A message from Pam Hanington of Huron County:
For those of you who may not have heard about this, the Ontario government is planning to pilot a Basic Income in at least three communities sometime over the next 3-5 years. The province is currently undertaking a community consultation regarding the pilot design.

Recent case: The function of appeals and determining judge bias

Van Wieren v Bush, 2015 ONSC 4104
The father appealed to the Superior Court of Justice against an Ontario Court of Justice trial decision about custody and access, claiming that the trial judge, Justice Hardman, was biased against him, failed to consider the best interests of the child and made an order that was contrary to the evidence.

Recent case: Recognition of foreign divorce

Essa v Mekawi 2014 ONSC 7400
The parties were married in Egypt under the marriage laws of that country. Both of them are Egyptian citizens. In addition, the father is a Canadian citizen and the mother has permanent resident status here.
They lived, at various times, sometimes together and sometimes apart,

Recent case: Obligation to foster relationship with other parent

In the case of Ene v Ene 2015 ONSC 867, the mother brought a motion seeking a number of orders including sole custody and primary residence of the 5-year-old daughter. The older daughter, who was 16, lived with the father, which the mother was not contesting.
Both parties allege abuse by the other.

Recent case: Motion for summary judgment for sole custody and no access

In the case of E.A. v F.A.S 2014 ONSC 2761, the mother brought a motion for summary judgment for sole custody of the child with no access to the father.
Summary judgments are set out in Rule 16 of the Family Law Rules. Where the party can satisfy the court that there is no “genuine issue for trial,” the court shall make a final order.

Recent case: Urgent motion for temporary custody

Justice Pazaratz begins his decision in Coe v Tope (2014 ONSC 4002) by venting his frustration with parents generally who, at least in his opinion, fail to put the best interests of their children first. He writes:

BREAKING BAD PARENTS: When smart, loving, caring, sensible mothers and fathers suddenly lose their parental judgment and embark on relentless,

Recent case: Alternative dispute resolution and arbitrator bias

McClintock v Karam 2015 ONSC 1024: The parties in this case had signed an agreement that they would refer any custody and access conflicts they could not resolve on their own to mediation/arbitration.
This is a process in which the parties work with one individual who initially acts as a mediator.

Recent case: Police enforcement clauses

The case of Patterson v Powell 2014 ONSC 1419 addresses the issue of police enforcement clauses in custody and access orders. Justice Pazaratz is not inclined to include these clauses.
The enforceability of family court orders is a serious issue for many of the women with whom we work.

Recent case: Joint custody not appropriate

In the case of Moreira v Garcia Dominguez 2012 ONCJ 128, the mother sought an order for sole custody of the couple’s son, born in 2003, with regular access to the father and the father sought an order for joint custody with primary residence of the child to be with the mother.