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Tax Implications of Divorce
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Should Fitbit Data be Used in Family Court?

Posted November 17, 2016

Fitness Aware Couple Outdoors

Should Fitbit Data be Used in Family Court?

These days there is no shortage of technology that quite literally tracks our every move: In the area of health and fitness, for example, there are Fitbit wristbands and similar devices which can monitor everything from the number of steps taken or stairs climbed in a day by the wearer, as well as his or her sleep patterns.

What if one ...

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Wednesday’s Video Clip: Ontario Custody and Access – Who Is Entitled To The Child?

Posted November 16, 2016

Wednesday's Video Clip: Ontario Custody and Access - Who Is Entitled To The Child?

There is a general misconception that when a couple separates, the children must automatically stay with their mother. But in Ontario, the mother and father are equally entitled to custody of the child.

In this video we discuss who is entitled to custody of the child, defacto custody, and mistake parents, often fathers, make regarding custody and ...

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Biological Father Responds to Court Documents by Scribbling “a Very Offensive Word” – Can His Consent to Adoption be Dispensed With?

Posted November 14, 2016

offensive

Biological Father Responds to Court Documents by Scribbling “a Very Offensive Word” – Can His Consent to Adoption be Dispensed With?

Under what circumstances will a court trump a biological parent’s legal right to give consent to the adoption of his or her child by another person?

This was the issue raised in a recent Ontario decision. The step-father of the 10-year-old girl had married her mother ...

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Amelia Daurio joins the team at Russell Alexander Collaborative Family Lawyers as an Associate Lawyer

Posted November 10, 2016

amelia-daurio

Amelia Daurio joins the team at Russell Alexander Collaborative Family Lawyers as an Associate Lawyer

Before starting at Russell Alexander, Amelia worked as a lawyer in a litigation-based practice for eleven years. Amelia is client focused and results driven, with superior oral and written advocacy skills. She approaches each client matter with compassion, attention to detail, and with the goal ...

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Serving Documents via Twitter: Is it the Future of Canadian Law?

Posted November 10, 2016

twitter

Serving Documents via Twitter: Is it the Future of Canadian Law?

In all Canadian litigation, documents are “served” or delivered on opposing parties (or their lawyers) in accordance with strict Rules of Procedure.

Depending on the circumstances – and on whether the opposing party is trying to avoid being served – this can be accomplished through one of many different means, ranging from merely handing ...

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Wednesday’s Video Clip: Obligations to Pay Child Support Even with Undue Hardship

Posted November 9, 2016


Wednesday's Video Clip: Obligations to Pay Child Support Even with Undue Hardship

In this video we review a court decision from earlier this year, in which the court confirmed that a father was still obligated to pay support for his two children from a first marriage even though: 1) he no longer had a relationship with them; 2) he had a new family (and two other small children) to support; and 3) the child support obligation would ...

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Woman Sues Sperm Donor (and Friend) for Child Support

Posted November 7, 2016

Man holding sterile sample Container bottle for medical analysis.

Woman Sues Sperm Donor (and Friend) for Child Support

Decades ago in 1991, two friends and medical school classmates had made each other a promise: the man, who was gay, promised to donate his sperm to the woman so that she could eventually undergo in vitro fertilization to become a mother.

Even though they went their separate ways after medical ...

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Can Text Messages Amount to “Violence”? Maybe.

Posted November 3, 2016

text-message

Can Text Messages Amount to “Violence”? Maybe.

In a recent Blog I discussed the concept of “violence” in the Ontario Family Law context, and in particular how its presence in the relationship could affect the right of the victimized spouse to be given exclusive possession of the matrimonial home upon separation, by way of a court order.

Under the governing provision, which is found in the Family ...

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Wednesday’s Video Clip: Top 5 Questions about Spousal Support in Ontario, Canada

Posted November 2, 2016


Wednesday's Video Clip: Top 5 Questions about Spousal Support in Ontario, Canada

In this video we review the top 5 questions about spousal support in Ontario, Canada.

Spousal support -- which is sometimes called "maintenance" or (especially in the U.S.) "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 from a ...

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Court Conjures “Breaking Bad” Analogy for Warring Parents

Posted October 31, 2016

breaking-bad

Court Conjures “Breaking Bad” Analogy for Warring Parents

It’s not often that you see a judge summon up a TV show reference in the courtroom as a means of driving home a point to misguided parents. But that’s precisely what Mr. Justice Pazaratz of the

Ontario Court of Justice did, in a case called Coe v. Tope.

The judge wrote:
Breaking Bad, meet Breaking Bad Parents.
The former is an ...

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