Scanga v. Scanga 2023 ONSC 3592
This decision stems from an appeal in a family law case involving the sale of a matrimonial home. One party sought exclusive possession while the other sought to have the house sold and the proceeds divided.
By way of background, the parties married in 1996 and separated in 2019 when the woman’s ex-partner left the home.
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This is an interesting decision concerning a father seeking family reunification therapy in order to repair his fractured relationship with his 17-year-old daughter. The mother and father, in this case, had joint decision-making and parenting time of their two children (one who is now 18 and the 17-year-old).
Osanebi v. Osanebi 2023 ONSC 2546
This is an endorsement based on an application for an uncontested trial. The mother in this case sought the following relief: a divorce, decision-making responsibility for her two children and child support. The mother and father were married for 6 years before they separated. The father relocated to Nigeria and has not been involved in the children’s lives since separation.
Written by: Yiwei Bian, Student Volunteer and Thijiba Sinnathamby, Staff Lawyer
This is an interesting court decision that addresses how to reconcile one parent’s desire to raise their children in their faith when the other parent is concerned about the faith itself and how its administration effects the children.
Ogunware v Ganiyu, 2022 ONSC 5254
This is a trial court decision where the issues before the court were whether the father should pay retroactive child support to the mother to the date of separation and whether an income of $100,000 should be imputed to the father for child support.
McIntosh v Baker 2022 ONSC 4235
This case provides a thorough analysis of the best interest of the child test in the context of family violence. While this case touches on property issues and child support, it will not be the focus of this case comment.
The applicant mother and respondent father have three young children from their union,
This case summary of A.J.K. v J.P.B. 2022 MBQB 43 was prepared by Pamela Cross.
While this is a Manitoba case and, therefore, not binding on Ontario courts, the decision is interesting because of the extensive exploration of family violence in the context of the mother’s request to move with the children without providing notice to the father.
In the case of Theriault v Ford 2022 ONSC 3619, the court considered what “status quo” and “maximum contact” mean within the context of the amendments to the Divorce Act and Children’s Law Reform Act.
This case involves parents of two children who were married to each other for 8 years before separating.
In Barendregt v Grebliunas, the Supreme Court of Canada considered which parent should have primary responsibility for their two young children and whether the mother could relocate them to a town some distance from where they had been living with their father.
The family was living in Kelowna,
Ahluwalia v. Ahluwalia 2022 ONSC 1303
This recent case has taken Ontario’s legal community by storm. Justice Mandhane of Ontario’s Superior Court has awarded the mother in this case $150,000.00 in compensatory, aggregated and punitive damages for the tort of family violence.
This is a ground-breaking decision for survivors of family violence and one that I would argue is possible as a consequence of the 2021 amendments to the
