Case law

Recent case: Interpreting the access test of the Child, Youth and Family Services Act

Jewish Family and Child Service of Greater Toronto, v. K.B., 2018 ONCJ 650
While this case does not pertain to family violence, in it Justice Sager makes relevant comments on the legislative interpretation of the Child, Youth and Family Services Act‘s (CYFSA) new access test for children placed in extended society care.

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Recent case: Habitual residence, jurisdiction and custody

Kunuthur v. Govindareddigari, 2018 ONCA 730: The parents married in 2004 and lived in the United States where their son was born as an American citizen. The family moved to Brampton in 2011, when their son was 6 years old, and became permanent residents. In April 2013, the mother took the son to India while the father was away on business.

What happens when one spouse remains in the matrimonial home?

This is a summary of a paper titled, “Your Spouse Is Not a Squatter: How to Effectively Apply Principles of Occupation Rent,” prepared by Fadwa Yehia of Jamal Family Law Professional Corporation for the Law Society of Ontario’s Six-Minute Family Law Lawyer 2018. The summary was prepared by Luke’s Place articling student Kevin Chao.

Recent case tackles the question of who owns a viable embryo

S.H. v. D.H., 2018 ONSC 4506: This case pertains to a property and contract dispute over a viable embryo. While they were married, the two parties purchased eggs and sperm with which neither of them had a biological connection. The eggs and sperm came from a Georgia company, and an Ontario fertility centre then implanted one of two viable embryos into the wife,

Recent case: When to impute income

Lavie v. Lavie, 2018 ONCA 10: The appellant father appealed a 2015 trial decision, raising more than 20 grounds, including the trial judge’s imputation of income to him but not to the respondent mother.
The parties began living together in 1998, married in 2000 and separated in 2009.

Case law: Family reunification therapy and claims of parental alienation

Barrett v. Huver, 2018 ONSC 2322: In this case, the father brought a motion for an order requiring the parents and children to attend multi-day family reunification therapy.
The parties were married in July 2001 and separated in April 2009. They had two children, born in 2003 and 2005.

Case law: Arbitration

Horowitz v. Nightingale 2017 ONSC 2168: This motion was brought by the husband for an order staying the family law proceeding between him and his wife. The parties were married for 16 years prior to their separation. They had three children.  The applicant wife initiated an application for custody,

Case law: Mahr

Bakhshi v. Hosseinzadeh 2017 ONCA 838: The parties in this case were married in Iran in 1995, at which time they entered into a Maher, which is an Islamic marriage contract. They emigrated to Canada and then separated in 2013. The wife initiated an application for divorce, custody, child support,

Case law: Property division and spousal support

Halliwell v. Halliwell, 2017 CarswellOnt 6391, 2017 ONCA 349 (Ont. C.A.), varying 2016 CarswellOnt 108, 2016 ONSC 182 (Ont. S.C.J.).
The parties in this case were married for 32 years, during which time they were involved in several successful businesses. After they separated, the husband started new businesses and purchased numerous rental properties.

Case law: Domestic contracts and financial disclosure

Virc v. Blair 2014 ONCA 392: The wife in this case is a lawyer. She met her husband when she became involved as litigation counsel to his company. They began living together in 1992. In 1993, the wife left her law firm to assist with her husband’s litigation. They were married in 1994 and had three children.