On rare occasions, one can remove the presiding judge if one can show that the judge is displaying bias in the hearing before them or for some other reason is not objective. One should look at the decision of Justice Paull of the Ontario Court of Justice in CAS Oxford v. EMT, a 2019 decision. […]
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SEVERING JOINT TENANCY
In an earlier blog, we canvassed the difference between joint tenancy and tenants in common. We concluded that blog with the question; what if the intention of one of the owners of the real estate changes their mind, and no longer wishes there to be an automatic right of survivorship. How this is done is […]
Read MoreIT’S A GIFT IDIOT
The Ontario Court of Appeal recently opinioned in the decision of Rados² on parental gifts and loans. See our blog titled “Loans from Parents”. One principle for all to recognize is that when your parents give you money that is not spent upon acquiring a matrimonial home or comingled with your now estranged spouse, simply […]
Read MoreBIFURCATION, PLAIN ENGLISH? SETTING ASIDE A DOMESTIC CONTRACT
The Court of Appeal on a number of occasions as well as Trial Judges at most opportunities speak of the importance of plain language both in the written material presented before it and in their own decisions. However, human beings are loathed to waste the wealth of the English language in which magical words convey […]
Read MoreArbitration – Pros and Cons
A helpful alternative to court may be mediation and/or arbitration. We have canvassed mediation in another blog. Arbitration requires the written agreement of the parties to have their matters decided by an independent third party chosen by the parties themselves. Unlike judges in which one has no influence on their selection, the parties directly chose […]
Read MoreSUPPORT DEAD OR ALIVE
One’s entitlement to support from an estranged spouse or common law partner is governed either by the Divorce Act or the Family Law Act. After death, a dependent that has not been properly looked after by the deceased in their Will may bring an application for dependent relief under the Succession Law Reform Act. In […]
Read MoreWHAT TO DO IN THE FACE OF A DENIAL OF ACCESS #2
Another example of the incredible difficulty of the Court managing access in the face of one or both difficult parents is outlined in the case of Elliott vs. Filipova. In this Superior Court decision by Justice Abrahams, the relationship between the parents of two children aged 8 and 10 had deteriorated into complete chaos. The […]
Read MoreWHAT TO DO IN THE FACE OF A DENIAL OF ACCESS
This author has opined on numerous occasions about situations in which access is not being encouraged and facilitated between separated spouses. More often than not it leads back to mental health difficulties on the part of at least one of the contestants. In the decision of Justice Trimble, in Janowski vs. Zebrowski, the judge had […]
Read MoreACCESS DIFFICULTIES – WHEN THE CHILD REFUSES TO SEE A PARENT
In an earlier blog, we examined the important decision of the Ontario Court of Appeal in A.M. vs. C.H. If our readers will recall, a mother ensured that her 14 year old son was alienated from and refused to have a relationship with his father. Her behaviour was so outrageous that the Court removed the […]
Read MoreACCESS ORDERS – WHEN THE 16 YEAR OLD GIVES THE FINGER TO THE COURT
The Ontario Court of Appeal has been extremely busy in 2019 dealing with the problem of what to do with teenage children who do not want to abide by the terms of a Court Order. The question of course is whether or not it is the child expressing legitimately what is in their own best […]
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