Ali v. Sayilgan 2022 ONSC 2051
In keeping with our theme of exploring financial disclosure obligations in family court proceedings, the following case comment provides a good overview of the proportionality of disclosure where one party works as an executive employee.
In this case, the respondent mother brought a motion for production from the applicant father to better assess his income for child support purposes.
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D.C.A. v. A.E.C., 2022 ONSC 1002: This recent case demonstrates an effective use of Rule 1(8) of the Family Law Rules, where one party is ordered to pay costs for sending harassing emails to the other even though there was an order limiting communications between them.
Gill v. Gill 202 ONSC 6803: This case looks at parenting time amidst high conflict between parents and the courts disinterest in seeing inflammatory comments about one party to the litigation.
After the parents’ child, E, died in a tragic drowning accident, the father unilaterally assumed sole care of the parties’ remaining child,
Marshall v. Snow et al., 2022 ONSC 1687
This is a carefully thought-out decision by the Honourable Justice Kurz concerning what happens to a child when her primary caregiver passes away and the remaining family members “battle” over who “keeps” the child.
While this case does not exclusively focus on family violence,
Tanti v Tanti 2021 ONCA 717: This Ontario Court of Appeal decision upheld the decision of the trial court to find a marriage between an elderly man with some dementia to a much younger woman valid.
Paul Tanti and Sharon Joseph got married in 2019, when he was 89 years old.
This case update was written by Pamela Cross, Luke’s Place Legal Director.
Two recent cases, with very similar facts,
Below are two recent cases that examine whether a religious marriage is a legal marriage under civil law, in the context of the wife’s claim for an equalization of net family property. As you will see, the two cases – which present different facts – were decided very differently by the judges who heard them.
In Armstrong v Coupland, Madam Justice Chappel applies a broad and nuanced understanding of the definition of family violence contained in the Children’s Law Reform Act (CLRA).
The motion, brought by the father for increased and unsupervised parenting time with the young child (almost three years old),
Both parties moved for a range of relief in this case. The mother sought sole decision-making, dispensing with the need for the father’s consent to decisions, and retroactive child support including s.7 expenses. The father sought sole parenting time of the children or,
C.D. v. R.D. 2021 ONSC 6858: This is an interesting case which touches on the importance of in-person schooling for children who have complex educational needs in the midst of the COVID-19 pandemic.
The father in this case sought sole decision-making authority and primary residence over the child. The father says that the child was enrolled in junior kindergarten before the parties separated in November 2019 but,
