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Family Proceedings as Catharsis?

Posted April 27, 2017

Family Proceedings as Catharsis?

The Family courts across the country must see their fair share of acrimony, shameful conduct, sad stories, and tears.

In a pair of cases from western Canada, the courts made insightful observations about the unspoken role that the Family justice system fulfills: to provide the participants with an opportunity to tell their side of the story, and have their “day in court”.

This ...

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Wednesday’s Video Clip: Whether a Parent has a Right to Move with a Child – the Concept of “Mobility” in Family Law.

Posted April 26, 2017


Wednesday's Video Clip: Whether a Parent has a Right to Move with a Child - the Concept of "Mobility" in Family Law.

The moment that the parents of a child separate, everyone's life circumstances change immediately: there are usually new living arrangements and a custody and access schedule put in place.

But as time passes, there may be other developments as well; for example the parents may embark on new relationships ...

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For a Divorce Trial, is $430,000 in Legal Fees Too Much?

Posted April 24, 2017

For a Divorce Trial, is $430,000 in Legal Fees Too Much?

Anyone who has gone through a divorce will know that legal costs can get out of control. But consider the recent Ontario case of McCabe v Tissot, where the court was asked to rule on whether the husband should pay the wife’s legal fees of $430,000, part of divorce litigation that “financially devastated” both former spouses, and which saw the wife ...

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Father Who Paid $400K in Legal Fees to “Cause Financial Harm to the Mother and His Son” Ordered to Pay Mother’s Costs Too

Posted April 20, 2017


Father Who Paid $400K in Legal Fees to “Cause Financial Harm to the Mother and His Son” Ordered to Pay Mother’s Costs Too

If a father runs up almost $400,000 in legal costs – including nearly $75,000 in expert fees – in pursuit of a low-dollar-value victory in court, should this be considered in assessing legal costs later on?

In Jordan v Stewart, court was asked to allocate legal costs in connection with ...

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Wednesday’s Video Clip: When do the Child Support Guidelines apply?

Posted April 19, 2017


Wednesday's Video Clip: When do the Child Support Guidelines apply?

In this video we discuss when the child support guidelines apply.

If parents go to court to get a child support order, in almost all cases the court must use the Guidelines to set the amount.

This is true whether the order is applied for under:
• the Divorce Act by parents who are divorcing
• the Family Law Act by parents who were never married, ...

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“The Courthouse is Not a Restaurant,” Says Exasperated Judge

Posted April 17, 2017

“The Courthouse is Not a Restaurant,” Says Exasperated Judge

The mother was as self-represented litigant who had “very aggressively” pursued multiple claims against the father, and had filed more than 430 documents since their litigation began almost 10 years earlier. Those documents were part of a long history of numerous motions, appeals and a litany of related procedures to contest virtually every aspect of ...

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Access to Children by Grandparents: Does a Parent Have Automatic Veto Power?

Posted April 13, 2017

Access to Children by Grandparents: Does a Parent Have Automatic Veto Power?

Although the case of Simmons v Simmons is actually from Nova Scotia, it’s an interesting and universally-applicable illustration of how Canadian courts can approach an access contest between parents and various other family members – in this case, the grandparents – and how even a parent’s own wishes can be thwarted in appropriate ...

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Wednesday’s Video Clip: The Family Courts and Rules – The Basics

Posted April 12, 2017


Wednesday's Video Clip: The Family Courts and Rules - The Basics

Most people will have no reason to become familiar with the workings of the Ontario Family Law system. Exposure to the justice system is usually a result of necessity, such as a separation or divorce, with its resulting property, support and child custody issues. As a result, most people do not know how the Family Court system works.

This video will provide a ...

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Self-Represented Wife Asks for $18K in Legal Costs; Court Awards $30K Instead

Posted April 10, 2017

Self-Represented Wife Asks for $18K in Legal Costs; Court Awards $30K Instead

In McMurter v McMurter, the wife represented herself in the family matter against her former husband, who had a lawyer acting for him in their 15-day trial.

The husband had asked the court to terminate his $2,500-per-month spousal support obligations, but he did not prevail. After hearing all the evidence, the court found there was no ...

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The Path to a Successful Divorce

Posted April 6, 2017

 

Thank you to everyone who participated in our online poll. We have our book cover finalized. We are adding some final touches and then we will launch our pre-order ...

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