Blogs

The recent decision in Shankman v. Dennison, 2023 ONSC 4265, serves as an important reminder about the importance of clearly drafted minutes of settlement and consent orders when substance abuse is an issue. Background By way of background, the parties are unmarried parents who both struggled historically with substances issues – the mother with alcohol …

Unpacking the Shankman v. Dennison Case: Substance Abuse and Settlement Agreements Read More »

  We are pleased to share that Cheryl Goldhart, founder of Goldhart Mediation & Arbitration and Goldhart Law Professional Corporation, has been elected as the new Vice Chair and Secretary of the Family Dispute Resolution Institute of Ontario (FDRIO). As a well-respected mediator, arbitrator and lawyer with almost 40 years of experience in family law, …

Cheryl Goldhart Elected as Vice Chair and Secretary of the Family Dispute Resolution Institute of Ontario Read More »

The recent decision in Beaudoin v. Stevens, 2023 ONSC 5265 by Justice Piccoli of the Ontario Superior Court provides helpful guidance for family law lawyers on several key issues relating to costs awards. The reasons in Beaudoin v Stevens address considerations around bad faith conduct, settlement on the eve of trial, assessing “success”, reasonableness of …

Beaudoin v. Stevens: Guidance on Bad Faith and Enforcement Read More »

Introduction The recent decision of Latreille v. Puyuttaq, 2023 ONSC 6172 addresses critical issues regarding jurisdiction and habitual residence that family lawyers should be aware of when representing clients in custody and access matters. This case serves as an important reminder that unilateral action to change the status quo will not be condoned by the …

Latreille v. Puyuttaq: Navigating Habitual Residence and Jurisdiction Read More »

The Supreme Court’s recent decision in Anderson v. Anderson, 2023 SCC 13 provides useful guidance for Ontario family lawyers regarding the principles courts should apply when considering domestic contracts that do not meet statutory requirements for presumptive enforceability. In Anderson, the Court declined to apply the analytical framework from Miglin v. Miglin, 2003 SCC 24, to …

Anderson v. Anderson: Autonomy and Fairness in Family Law Read More »

The interim sale of the matrimonial home is frequently a contentious issue in family law cases. Should the home be sold immediately, or should one spouse be permitted to remain in the home until all financial matters are settled? In Sparkman v. Sparkman, 2023 ONSC 41, the judge thoroughly analyzed this question and reflected on …

Sparkman v. Sparkman: Issues on the Interim Sale of the Matrimonial Home Read More »

Parenting cases involving estranged or alienated adolescents present some of the most agonizing dilemmas in family law. The recent Ontario Superior Court decision in C.B. v. E.G., 2023 ONSC 1571 starkly highlights the tension that can arise between pursuing reunification therapy in the putative “best interests” of the child versus respecting their evolving capacity for …

C.B. v E.G.: At the Crossroads of Best Interests and Autonomy Rights Read More »

The case of Zhao v. Xiao, 2023 ONCA 453 revolved around an appeal concerning child support and related relief, and the appeal was ultimately dismissed. Two issues which stand out from the case are the role of household income in Section 7 expenses and the termination date for child support. Background Facts of the Case …

Zhao v. Xiao: Impact on Section 7 Expenses and Termination Date for Child Support Read More »

The case of In Torgersrud v. Lightstone, 2023 ONCA 580 serves as an example of the complexities in family law, especially when interjurisdictional issues come into play. Background Kirsten Torgersrud and Albert Maxwell Lightstone met at university in Montreal and married on March 31, 1987. They signed two marriage contracts in Quebec, primarily to protect …

Torgersrud v. Lightstone: Interjurisdictional Complexities in Family Law Read More »

1. Introduction Social media has become deeply entrenched in divorce cases in the digital age. As family lawyers, it is imperative that we leverage these online platforms ethically and legally to effectively advocate for our clients’ interests during this difficult time. This guide examines best practices for properly collecting social media evidence, strategically using it …

Social Media Evidence and Divorce in Ontario: A Lawyer’s Guide Read More »