Two Habitual Residences: Determining Jurisdiction
A child custody case involving two habitual residences across borders recently caught the attention of family lawyers far and wide. The mother in the case was a Canadian ... Read more
Ontario Family Law · Case Reports
New Ontario family law decisions, summarized as they are released: the facts, the issue, the analysis, and the outcome. Written for the separating families living these questions, and for the counsel who argue them.
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Decisions Summarized
ONSC · ONCA · ONCJ
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Recent Case Comments
57 decisionsA child custody case involving two habitual residences across borders recently caught the attention of family lawyers far and wide. The mother in the case was a Canadian ... Read more
Kamermans v. Gabor, 2018 ONSC 5241 The parties began cohabitating in September 2008, when the Applicant and her children moved into the Respondent’s home. She contributed $7,500 in ... Read more
Health Care Consent Act of Ontario, Divorce Act and the Children’s Law Reform Act Leelaratna v. Leelaratna, 2018 CarswellOnt 16633 (Ont. S.C.J.) Background: The parties separated in May ... Read more
Notions of the “traditional” family unit have evolved over time. Accordingly, the judicial system needs to adapt to be better equipped to adjudicate new issues that arise. In ... Read more
In the case of Thomas v Osika, the parties involved had a shared parenting arrangement for their four-year-old child. Justice Audet ordered that the mother could make decisions ... Read more
Psychiatric Records in Custody Cases Background:The parties had a brief relationship that produced one child who was two-and-a-half years old at the time of the motion. In the ... Read more
Background The parties were married for 20 years and shared four children. The father was an accountant and operated his own business. He held licenses to practice in ... Read more
Background This case addressed a rather rare occurrence in family law – a mistrial. Mistrials occur when there is a fundamental error or serious irregularity in the conduct ... Read more
Background The parties were married for three years and cohabited for four years in total. They have one child together, but the wife has two children from her ... Read more
Background: In this case, the wife brought a motion for financial disclosure of a company owned by her husband’s parents and an Order that the husband’s father attend ... Read more
Nafar-Ross v. Raahemi, 2018 CarswellOnt 7831 (Ont. S.C.J.) Background: The parties were married for 15 years and had two children. This motion concerned the younger child, an 18 ... Read more
Hunt v Worrod, 2018 ONSC 2133 This case dealt with an award of costs against Legal Aid Ontario (LAO) due to its failure to properly monitor proceedings for ... Read more
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