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Posts tagged "Family Law Rules"

TIMELY FINANCIAL DISCLOSURE IS ESSENTIAL

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 to the other party honestly, fully, and quickly. You also have an ongoing duty to update your financial disclosure throughout the proceedings.

BAD FAITH + BAD BEHAVIOUR = COSTS PENALTIES!

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 Superior Court of Justice ordered the father to pay his ex-spouse's costs on a substantial indemnity basis - $420,000. This huge award was based on:

PROCEDURAL FAIRNESS: ONTARIO APPEAL COURT MUDDIES THE WATERS

Procedural Fairness v. Procedural Anarchy: The Ontario Court of Appeal in Frick v. Frick 2016 ONCA 799 has attempted to promote procedural fairness. While partially successful in that endeavour, the court has unfortunately encouraged procedural anarchy.

CASE CONFERENCES AND PROCEDURAL FAIRNESS

Justice George Czutrin rendered an important appeal decision (from a judge of the Ontario Court of Justice) on 20 June 2013: B. (A.) v. A. (N.L.) Justice Czutrin's decision adopted the principles of procedural fairness that Gene C. Colman had advanced years earlier in a published article that is reproduced at this web site 

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