January 8, 2013
by Sarah
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Litigants without lawyers abound in Ontario’s family courts today. Their presence has grown from the exceptional to a normal and significant portion of those cases which our courts decide. Many of those separating spouses who do not have lawyers are … Continue reading
November 20, 2012
by Jennifer Samara Shuber
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Carrigan v Carrigan Estate is a recent Ontario Court of Appeal case grabbing headlines. For family lawyers, the case underscores the importance of the domestic contracts, particularly the Separation Agreements, over whose drafting we toil. For the general public, the Courts’ … Continue reading
October 16, 2012
by Sarah
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Family law cases may take many years to work their way through the courts. Court delays vary widely across Ontario. In some parts of the province cases move to trial quite promptly but in many areas cases can drag on … Continue reading
September 14, 2012
by Sarah
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The vexing question of what limits the law places on a spouse who wants to leave a surviving widow or widower without any inheritance has been addressed in a recent British Columbia Court of Appeal decision, Mawdsely v. Meshen (2012) … Continue reading
July 10, 2012
by Jennifer Samara Shuber
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The May 31, 2012 Ontario Court of Appeal’s decision in Dovigi v Razi 2012 ONCA 361 has attracted a lot of attention. The family law bar and the general public are divided on whether the appeal court got it right. The … Continue reading
June 12, 2012
by Sarah
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If a pregnant woman moves to another jurisdiction before the birth of the child, is that analogous to child abduction? The Ontario Court of Appeal has rejected this argument in Dovigi v. Razi (2012) ONCA 361. This recent case concerned … Continue reading
May 8, 2012
by Jennifer Samara Shuber
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A child’s birth is registered in Ontario is under the Vital Statistics Act. Section 9(1) of the Act requires the mother and the father, or either of them, to certify the child’s birth within 30 days of the child being … Continue reading
April 18, 2012
by Sarah
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“I never thought about it, like that way…There’s no reason”. That is the sworn testimony of Mr. Schwartz as to why he and his wife had decided to transfer their jointly owned home into her name alone. Mrs. Schwartz remembered … Continue reading
April 10, 2012
by Jennifer Samara Shuber
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On March 27, 2012, I gave you my first three tips on surviving Disney and divorce. Today I have the last three tips for you, on the same theme. 1. Are you a hero or a villain? Disney characters, and … Continue reading
April 3, 2012
by Sarah
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Marriage and cohabitation are economic relationships with real economic consequences, both good and bad. Worse, all marriages and cohabitations come to an end, whether by death or separation. How unromantic! Spring and early summer are the traditional time for weddings. … Continue reading