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Media Mentions

What’s Considered ‘Bad Faith” in Family Law?

Posted July 19, 2018

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What’s Considered ‘Bad Faith” in Family Law?

Everyone has stories about divorces-gone-bad:  High levels of conflict over trivial matters, under-reporting income or hiding assets, and other forms of generally bad behaviour by former spouses towards each other.

Divorce being the emotionally complex process that it is, it’s hard to draw the line between straightforward “asserting your legal rights” ...

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Is Using the SSAGs Truly “Voluntary”? When Can a Court Deviate from Them?

Posted July 17, 2018

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Is Using the SSAGs Truly “Voluntary”? When Can a Court Deviate from Them?

Those of you who read my Blog regularly are familiar with the Spousal Support Advisory Guidelines (the “SSAGs” or simply the “Guidelines”) which are designed to help spouses, lawyers, mediators and judges to “determine the amount and duration of spousal support within the existing legal framework of ...

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Wednesday’s Video Clip: We’re Here to Help

Posted July 17, 2018

Wednesday's Video Clip: We're Here to Help

Have a question?

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at ...

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Must a Judge Actually Read the Materials That Family Litigants File?

Posted July 12, 2018

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Must a Judge Actually Read the Materials That Family Litigants File?

In a recent Court of Appeal decision, the court entertained a novel little question:

Does the fact that a motion court judge admitted to not having read the materials filed by the parties automatically mean his or her judgment on their ...

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Wednesday’s Video Clip: What Are The Child Support Guidelines?

Posted July 11, 2018

Wednesday's Video Clip: What Are The Child Support Guidelines?

In this video we discusses the child support guidelines. In 1997, the federal government brought in a set of new rules and tables for calculating the amount of support a parent who does not have custody of his or her child must pay to the parent who has custody. These rules and tables were later adopted by the Ontario government and are set out in the Child ...

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Court Finds Wife’s New Lawyer’s Attempt to Renege on Deal “Too Cute By Half”

Posted July 10, 2018

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Court Finds Wife’s New Lawyer’s Attempt to Renege on Deal “Too Cute By Half”

The question in a case called Hillis v. Hillis was whether the wife’s new lawyer could (conveniently) rely on the fact that the wife had not signed her own Offer to Settle, as a means of getting out of a deal they had negotiated with the husband.

Spoiler alert:  The court wasn’t buying it.

The separated ...

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New Online Divorce Application Service Enters Pilot Stage 

Posted July 9, 2018

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New Online Divorce Application Service Enters Pilot Stage 

The Ontario Superior Court of Justice (OSCJ) has announced that couples who live Brampton, Hamilton, Ottawa, or Toronto and who collectively agree to a divorce may now file an application for divorce online. This pilot study is being conducted with an intention to speed up the process of filing for a divorce.

Although, before you submit an ...

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Did Trial Judge Go Wrong By Granting Husband a “Support Holiday”?

Posted July 5, 2018

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Did Trial Judge Go Wrong By Granting Husband a “Support Holiday”?

Did an Ontario trial judge make a mistake by granting a bankrupt husband a two-year “support holiday,” meaning a temporary break from paying spousal support, to allow him to “get back on his feet”?  And did the judge err further, by reducing his support obligations, when the break was over?

This was the question for ...

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Wednesday’s Video Clip: What if my child doesn’t want to visit their other parent? 

Posted July 4, 2018

Wednesday's Video Clip: What if my child doesn't want to visit their other parent? 

It is difficult to feel as though you are forcing your child to visit their parent if they do not want to. However, if your partner has court ordered access rights, you are responsible to ensure that they attend their visit. The court looks poorly on parents who do not facilitate a relationship between a child and their parent. Your ...

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Wife Didn’t Know Husband Had Divorced Her – Can She Overturn it?

Posted July 3, 2018

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Wife Didn’t Know Husband Had Divorced Her – Can She Overturn it?

In Rai v. Grewal, the couple had started living together in 2003, and got married 8 years later, only to split up a few years after that. The husband applied for a Simple Divorce, which is a straightforward procedure designed for cases where the parties have no complex divorce-related issues between them, with evidence being put in by ...

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