Ontario Family Law · Case Reports

The Case Blog

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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57 decisions
Child Custody

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

Feldstein Family Law Group · 3 min read
Common Law

Case Analysis: Constructive Trusts Between Common Law Couples

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

Feldstein Family Law Group · 3 min read
Child Custody

Jurisdiction to Make a Therapeutic Order

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

Feldstein Family Law Group · 4 min read
Imputing Income

Underreported Income: The Court’s Power to Impute

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

Feldstein Family Law Group · 2 min read
Case Blog

Forsythe v. Tone 2018 ONSC 3598

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

Feldstein Family Law Group · 2 min read
Costs

Costs Against Legal Aid Ontario

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

Feldstein Family Law Group · 6 min read

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