Blogs

Qu v. Zhang: Resulting Trusts, s. 14 FLA Timing, and the Weight of Credibility

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Introduction In Qu v. Zhang, 2025 ONCA 391, the Court of Appeal upheld the Application judge’s determinations that the wife was the sole beneficial owner of the home under a resulting trust and that occupation rent was properly assessed with credits, dismissing both the appeal and the cross-appeal. The ONCA accepted the trial judge’s conclusion […]

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CLARKE v. DENYES : Costs Awards in Protracted High-Conflict Family Proceedings

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When family litigation becomes entrenched, costs can eclipse the issues themselves. In Clarke v. Denyes, 2025 ONSC 2936 (the “Costs Decision”), Justice Mathen’s May 16, 2025, endorsement following her March 17 2025 trial judgment in Clarke v. Denyes, 2025 ONSC 1894 (the “Trial Decision”) delivers a clear message: reasonableness governs, bad faith remains exceptional, and

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PRUITT v. PRUITT: Habitual Residence, Coercive Control, and the Limits of Article 13(b)

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In Pruitt v. Pruitt, 2025 ONSC 3405, McVey J. applied the Hague Convention on the Civil Aspects of International Child Abduction to determine whether a toddler allegedly wrongfully removed from Michigan should be returned there. The judgment offers a clear reaffirmation that habitual residence turns on the totality of a child’s circumstances—not unilateral parental intent—and

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NOUH v. ELABBASY: When Flight, Fear, and Family Violence Collide

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Justice Kamal opened his reasons with striking language: “The purpose of this motion is to promote the stability of the children and ensure that they are not used as pawns in their parents’ separation.” (para. 1) That sentence sets the overall tone of the case, indicating a judicial position regarding parenting approaches and litigation tactics

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Korie v. Korie: Pension Rollovers, Equalization Fairness & the Limits of Unjust Enrichment

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Overview In Korie v. Korie, 2025 ONSC 2530, Justice Law delivered a clear, fact-driven decision that demonstrates how credibility, liquidity, and statutory discipline shape equitable outcomes in long-term marriage cases. After a five-day trial, the Court: ordered that the husband’s equalization payment be made by pension rollover to a LIRA (para. 47); dismissed the wife’s

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Lang-Newlands v. Newlands: When $2.8M Costs Eclipse Equalization — Offers, Conduct, and Shinder Collide

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Citations: Lang-Newlands v. Newlands, 2024 ONSC 6285 (trial judgment) Lang-Newlands v. Newlands, 2025 ONSC 2739 (costs decision, Sharma J.) Lang-Newlands v. Newlands, 2025 ONCA 328 (Pepall J.A., motion endorsement) Introduction Family law litigation can be expensive, and Lang-Newlands v. Newlands illustrates the significant financial impact that may result when settlement offers are declined, credibility becomes

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Kirby v. Woods: Confidentiality Orders in Family Law

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Introduction The Ontario Court of Appeal’s recent endorsement in Kirby v. Woods, 2025 ONCA 437, provides timely guidance on confidentiality measures in family proceedings involving children. Decided by Madsen J.A. on June 12, 2025, the motion addressed how courts should balance the open court principle with the protection of vulnerable children and the statutory confidentiality

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Kounsil v. Kounsil: When Conflict, Credibility, and Parenting Collide

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Introduction The recent decision in Kounsil v. Kounsil, 2025 ONSC 3338, provides valuable guidance for practitioners on several critical issues, including credibility assessment, decision-making authority in high-conflict cases, substance abuse considerations, and income imputation. Factual Background Parmjot and Harpreet Kounsil married in Ontario in July 2014 and moved to Edmonton, where Harpreet had been living.

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