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When our Ontario readers think about the many different legal issues in a divorce case, it can be, understandably, quite daunting. After all, not only do those who go through a divorce need to face the emotional aspect of the process, but there…
The Basic Obligation: The most basic obligation in family law dispute resolution is the legal requirement to comprehensively disclose financial information. If a financial claim is being made (child support, spousal support, or division of property) you must disclose your true financial position…
Goldstein v Walsh (27 May 2019) cautions family law litigants - If you take unreasonable and obstructive positions throughout proceedings, this will amount to "bad faith". Result? You may be ordered to pay a devastating costs award. Madam Justice J. Kristjanson of the Ontario…
For several decades, there were certain presumptions about how mothers, fathers and children would be treated in an Ontario divorce. In essence, mothers were expected to be awarded primary custody of minor children, while fathers were expected to be awarded visitation rights. However,…
Rigillo v. Rigillo was a child custody/access appeal decision. At trial the judge limited the father's parenting time to the minimal amount that he had secured under a without prejudice temporary order where the mother was the primary caregiver. The Ontario Court of…
The notion of what, exactly, is a "fair" result in a family law case can be different for any given person and based on the facts of any given case. Family law is very different from many other areas of the law because…
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