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Wife Gets Husband’s Cats and Dogs in the Divorce

Posted June 1, 2017

Wife Gets Husband’s Cats and Dogs in the Divorce

Recently, an older case with an interesting issue came to my attention: Based on the underlying premise that family pets are property, can a court order pet custody to be transferred as part of a divorce?

In Grimalyuk v. Concelos, the couple lived together for three years, and then got married. About three months into the marriage, the husband started to get physically and ...

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Wednesday’s Video Clip: Child Support in Ontario – Introduction to Child Custody

Posted May 31, 2017


Wednesday's Video Clip: Child Support in Ontario - Introduction to Child Custody

In Ontario, like other jurisdictions, both parents have a responsibility to financially support their children. For the spouse without custody, the amount of child support that must be paid is based on income and the number of children. In this short video clip we talk about custody and answer questions many people have about child ...

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Two Properties, or One? Justice Pazaratz Sorts It Out – For Now

Posted May 29, 2017

Two Properties, or One? Justice Pazaratz Sorts It Out – For Now

Here’s another noteworthy ruling by Justice Pazaratz – and one that was ultimately reversed on later appeal. Written in his inimitable style, the judgment begins this way:
You wouldn't think the singular or plural should be so complicated.
Property.
Properties.
The same word. Add an "s".
You really wouldn't think that in a nine day trial, ...

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Representing Yourself and Asking for Legal Costs? Read this First

Posted May 25, 2017

Representing Yourself and Asking for Legal Costs? Read this First

Recently I wrote about a ruling on costs where a self-represented litigant was awarded significantly more in legal costs, than she had requested after trial.

That case, called McMurter v. McMurter, gave the court an opportunity to revisit some of the prior authorities on the issue, and to set out the principles that apply to awarding legal costs to ...

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

Posted May 24, 2017


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

In this video we review a court decision 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 cause him undue ...

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Evidence from the Internet – Is It Good Enough for Court?

Posted May 22, 2017

Evidence from the Internet – Is It Good Enough for Court?

In a case I reported on recently called Caine v. Ferguson the father claimed that his income was too low for him to pay child support for his daughter. The court considered evidence designed to refute his claim, put forth by the opposing side and taken from various U.S. music-industry-specific websites. The court wrote:
[The lawyer] submitted that the [father] ...

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Spousal Support Advisory Guidelines – Are They a Package Deal?

Posted May 18, 2017

Spousal Support Advisory Guidelines – Are They a Package Deal?

In a decision called Mason v. Mason, the Ontario Court of Appeal considered a narrow legal question: Is a judge entitled to use the Spousal Support Advisory (SSAGs) for partial purposes, but disregard it for others? And if the judge departs from using the SSAGs, must he or she give specific reasons for doing so?

The Masons were a husband ...

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

Posted May 17, 2017


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 ...

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Canadian Justice System Rankles Canadian Justice

Posted May 15, 2017

Canadian Justice System Rankles Canadian Justice

As I’ve reported in the past there has been no shortage of noteworthy decisions from Justice Pazaratz. The case of Chree v. Chree is one of several in which he critiques the Canadian justice system, this time for the shortcomings of what is essentially a bifurcated system.

The facts involved two separated parents who were now each living in different provinces. In such ...

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Does the End of the Relationship Have to be a Two-Sided Decision?

Posted May 11, 2017

Does the End of the Relationship Have to be a Two-Sided Decision?

In an older case called Strobele v. Strobele, the court considered a narrow and easily-overlooked question:  If spouses agree to separate and one of them wants to reconcile but the other does not, how do you know when the marriage is officially over for the purposes of valuing the marital property?

After a lengthy marriage, the couple was beginning to have marital ...

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