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Regret is No Excuse for Disobeying Consent Order: Mom Blocks Grandmother’s Access to Kid

Posted March 23, 2017

Regret is No Excuse for Disobeying Consent Order: Mom Blocks Grandmother’s Access to Kid

In some Family Law cases, one can speculate about the good intentions behind a parent’s actions, even when they end up being contrary to an agreement with the other parent, or to a court order. Still, it behooves the court to enforce its prior orders and agreements, to maintain the semblance of fairness and respect for ...

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Wednesday’s Video Clip: Top 5 questions about spousal support in Ontario, Canada

Posted March 22, 2017


Wednesday's Video Clip: Top 5 questions about spousal support in Ontario, Canada

In this video we review some of the more common questions about spousal support in Ontario, including:

1) What is spousal support?

Spousal support -- which is sometimes called "alimony" -- is money paid from one spouse to the other after the dissolution of the relationship. The obligation to pay spousal support is a legal one, and may arise either ...

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Should Pacemaker Evidence Be Used to Catch Cheaters?

Posted March 20, 2017

Should Pacemaker Evidence Be Used to Catch Cheaters?

I have written several times before about some of the more novel uses of the information that can be gleaned from social media, for example the use in Family Law of evidence taken from Facebook. Some of our previous posts include: Facebook as a Source of Evidence In Family Law: Part 1; Facebook as a Source of Evidence in Family Law: Part 2; and  Facebook as a Source of ...

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Appeal Court Affirms No Claim for Emotional Harm Arising from Birth of Unwanted Child

Posted March 16, 2017

Appeal Court Affirms No Claim for Emotional Harm Arising from Birth of Unwanted Child

An unusual case arising from a man’s lawsuit over a baby he didn’t want has now been heard by the Ontario Court of Appeal.

As I reported here, the facts involved a man and woman who had a brief romantic fling in 2014, lasting less than two months. After going on a few dates, they had unprotected sex on several occasions. Although it ...

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Wednesday’s Video Clip: How are child payments taxed?

Posted March 15, 2017


Wednesday's Video Clip: How are child payments taxed?

In this video we discuss the tax consequences of child support.

Parents who receive child support payments under an agreement or court order made after April 30, 1997, do not have to include those payments in their taxable income. Parents who make these payments cannot deduct the payments from their taxable income.

This tax rule does not apply to continuing support paid ...

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Husband’s Hidden Bedroom Cam Nets Wife $15,000 in Damages for Privacy Invasion

Posted March 13, 2017

Husband’s Hidden Bedroom Cam Nets Wife $15,000 in Damages for Privacy Invasion

I have written previously about a relatively new cause of action in Canada called “intrusion into seclusion.” It is essentially a privacy-based tort claim that a person can assert by establishing damages from an unauthorized intrusion into his or her private affairs by someone else.

Recently, this new type of tort has been ...

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Vexatious Litigant Won’t Take “No” for An Answer

Posted March 9, 2017

Vexatious Litigant Won’t Take “No” for An Answer

Sometimes you hear about Family litigants for whom their dispute against the former spouse has taken on a life of its own, and who will not stop until they have literally exhausted every possible legal and procedural avenue.   The case of Nassr v. Vermette seems to be a great illustration of this scenario.

The former couple had commenced their family ...

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Wednesday’s Video Clip: Finding A Lawyer

Posted March 8, 2017


Wednesday's Video Clip: Finding A Lawyer

In this video we discuss the various ways people can find a lawyer to help them, including:

Community Legal Clinics

Community legal clinics provide legal services to low-income people in areas such as housing, employment insurance, income support, immigration, human rights, and workers' compensation. Some clinics also provide assistance with wills, powers of attorney, and education ...

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Delays, Extensions, Adjournments and Excuses – How Not to Conduct Your Family Litigation

Posted March 6, 2017

Delays, Extensions, Adjournments and Excuses – How Not to Conduct Your Family Litigation

A few weeks ago, I reported on a case called Schwilgin v. Szivy. I recounted the court’s stern response to a litigant – in this case, the husband – who had been obdurate in failing to comply with numerous prior court orders.

“Part 2” of this story reveals the court’s reaction to that same husband’s repeated ...

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Recent Child Abduction Case – Just One of Many

Posted March 2, 2017

Recent Child Abduction Case – Just One of Many

You may have read in the newspapers recently about latest development in a custody battle over a 9-year-old girl that has resulted in the mother being arrested and charged with her abduction. It seems that rather than return the girl to her father on December 1 as required, the mother opted to essentially “run and hide”, taking the girl with her in violation of a ...

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