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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 dispute can be different for any given person and based on the facts of any given case. Family law disputes are very different from many other areas of the law…
No matter whether a divorce case is being litigated in Ontario or otherwise, the parties to the case will come into the process, most likely, full of raw emotions. After all, we are talking about one of the bedrock relationships for people: marriage.…
The decision to pursue an Ontario divorce is often the hardest decision anyone will make. After all, no one gets married thinking that the union will end in divorce. When it comes time to consider whether or not filing for divorce is the…
Dispute Resolution. Procedural Fairness. These are crucially important concepts. LETTERS It's time to put an end to useless letter writing and motion delays. Family law lawyers write far too many letters. Clients have to pay for those letters. Letters should not be…
There are many Ontarians who go into a divorce knowing that there will be a myriad of issues to address, but who are still surprised at how complex these cases can become. Sure, one knows more about their family, spouse and personal finances…
Many of our Ontario readers are likely facing family problems that could include significant issues between spouses. Most people who are facing these situations do their best to work it out, but sometimes, all of their best efforts and intentions are not enough.…
We all know that spousal support paid by a Canadian resident to a Canadian resident is tax deductible to the payor and must be included in the income of the recipient.But what happens now where the support payor resides in the U.S.A. and…
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