Articles – Di Battista Katz Grant Cobbina LLP

Navigating Parentage Law in Ontario: Understanding the All Families are Equal Act

DKGC LLP — Fri, 29 Mar 2024 14:33:02 +0000

Societal perceptions and understandings of the family unit have evolved drastically over the past decades. As such, both social and legal understandings of the “family” have developed to become inclusive of diverse family arrangements fostering equality and inclusion.In Ontario family law, the Children’s Law Reform Act (“CLRA”) governs who is to be considered a parent of a child.[1] The Vital…

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Family Law Litigation

DKGC LLP — Fri, 29 Mar 2024 14:28:10 +0000

If you and your partner are unable to resolve disputes resulting from your separation by way of out-of-court dispute resolution methods, including negotiation and mediation, you may need to turn to the Ontario court system for assistance.The Ontario family law court process can feel overwhelming to many litigants. The purpose of this article is to provide a general overview of the family law court…

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What are the Courts Doing When Parents Disagree About COVID-19 Vaccinations for Children?

DKGC LLP — Wed, 12 Jan 2022 18:46:29 +0000

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 Justice Mackinnon made an order granting the father sole decision making so as to get an…

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Bozzo v. Cartagena, Court File No.: 1728/17

DKGC LLP — Mon, 27 Apr 2020 21:12:33 +0000

EndorsementThe 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 Applicant father’s access. The father brought a contempt…

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Guerin v. Guerin, 2020 ONSC 2016

DKGC LLP — Mon, 27 Apr 2020 21:08:29 +0000

Source: CanLIIIn 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 to have exclusive possession of the home and that the Father’s access to the children be by electronic means temporarily.Prior to the order…

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Zee v. Quon, SCJ Court File No: FS-16-412436

DKGC LLP — Mon, 27 Apr 2020 21:01:42 +0000

EndorsementIn 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 Respondent Father refused to comply with an existing order for equal time with the parties’ youngest child.

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B-M. v. M.M., 2020 ONSC 1958

DKGC LLP — Mon, 27 Apr 2020 20:56:30 +0000

Source: AFCC OntarioIn 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 Justice in the Notice to the Profession announcing the suspension of regular court operations and whether…

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Ribeiro v. Wright, 2020 CarswellOnt 4049

DKGC LLP — Mon, 27 Apr 2020 20:23:20 +0000

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. This is the first Endorsement released with respect to urgent matters since COVID-19 measures were put in…

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COVID-19 (Coronavirus)

DKGC LLP — Wed, 18 Mar 2020 21:41:16 +0000

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…

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Grandparents’ Rights

DKGC LLP — Thu, 16 Jan 2020 14:20:16 +0000

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 is not always possible.The Courts generally will or…

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