Articles

The courts in Ontario have been very clear that in the event of a disagreement between parents about whether or not a child should be vaccinated against COVID-19, the court will likely find that it is in the child’s best interests to be vaccinated.  In fact, in a case decided in October 2021, the Honourable […]

URGENT MOTION – CONTEMPT OF EXISTING ORDER FOR ACCESS Endorsement The case of Bozzo v. Cartagena came before the Superior Court of Justice in Hamilton on April 3, 2020, pursuant to the Notice to the Profession of the Chief Justice of Ontario, available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ (“Chief’s Notice”). The Respondent mother had allegedly unilaterally terminated the […]

MOTION FOR EXCLUSIVE POSSESSION OF MATRIMONIAL HOME AND ACCESS BY ELECTRONIC MEANS Source: CanLII In the recent case of Guerin v. Guerin, the Court dealt with a urgent motion for exclusive possession of the matrimonial home and that the contact between the Father and children be by video chat/telephone. The Court granted the Mother’s request […]

URGENT MOTION – PARENTING AND RESTRAINING ORDER – MOTHER WORKING IN HEALTH CARE Endorsement In this case, the Applicant Mother brought an urgent motion regarding parenting and a restraining order prohibiting the Father from contacting her employer after he contacted her supervisor directly. The Mother is a health care professional working at Sunnybrook Hospital and the […]

CASE CONFERENCE ENDORSEMENT RE:  URGENCY – PARENTING AND SUPPORT Source: AFCC Ontario In this decision, a conference was conducted by telephone by the Honourable Justice Kiteley following service of motion materials by the Applicant Mother. At issue was whether a motion regarding parenting, child and spousal support was urgent within the meaning of the Chief […]

TRIAGE JUDGE ENDORSEMENT – COVID-19 PROTOCOLS, PARENTING AND URGENCY Source: CanLII   In Ribeiro v. Wright, 2020 CarswellOnt 4090 (S.C.J.), the mother brought a motion to suspend the father’s parenting time in light of COVID-19.  At the time the motion was brought, the Court’s regular operations were suspended, and only urgent motions were permitted to be heard.  […]

Last updated: November 30, 2020 We understand that you are likely feeling very uneasy given the challenges that COVID-19 (Coronavirus) has presented to all of our daily routines and future plans. We have been diligently monitoring updates surrounding COVID-19 (Coronavirus) daily and we are adhering to the recommendation and guidelines from federal, provincial and local […]

There are many cases where grandparents seek custody and/or access to their grandchildren. It is desirable to keep these kind of cases out of court if possible and to utilize the assistance of a family therapist or mediator who has the skills to try to maintain or repair the relationship between the parent(s) and grandparent(s). However, that […]

Spouses may apply to equally split the Canada Pension Plan credits accumulated by both parties during the spousal relationship. This is particularly important where one spouse is not employed or otherwise does not contribute to CPP for some or all of the spousal relationship. There is a limitation period (time limit) for an application for […]

Domestic contracts include cohabitation agreements, marriage contracts and separation agreements. According to the Family Law Act, a domestic contract and any agreement to change or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed. Domestic contracts allow parties to make binding arrangements in relation to issues arising from […]