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Published on: 6 May 2021 By

What is a Case Conference before a Dispute Resolution Officer?

The Dispute Resolution Program (DRO) program is available in certain locations of the Superior Court of Justice, Family Court, including London, Toronto, Brampton, Milton, Newmarket, Hamilton, Barrie, Durham, and St. Catharines. Family law Case Conferences All family law cases, if they follo…

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Published on: 4 May 2021 By

The benefits of separation agreements: Lessons from Bill and Melinda Gates

On Monday, May 3, 2021, Bill and Melinda Gates announced they were ending their marriage after 27 years. Having kept their separation quiet until now, the pair have been working quietly behind the scenes with their lawyers to come to a separation contract, or a “Separation Agreement” as we c…

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Published on: 16 Apr 2021 By

Can adultery be used as a reason for divorce?

Three grounds for divorce In Canada the laws related to divorce are governed by the Divorce Act, which effective March 1, 2021 underwent some significant amendments. The Divorce Act is federal legislation, so it applies all across Canada. The Divorce Act sets out what must occur prior to a C…

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Published on: 14 Oct 2020 By

Big changes on the way for child relocation/mobility cases

In September 2020, the Ontario government introduced Bill 207 – the Moving Ontario Family Law Forward Act, 2020. If passed (as expected), this Bill will amend Ontario’s Children’s Law Reform Act (“CLRA”) and other Acts respecting various family law matters. The proposed amendments are largel…

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Published on: 25 May 2020 By

Amendments to the Divorce Act (Bill C-78) a shift to “parenting time” and “parental decision-making”

In May 2018 Bill C-78 Act to Amend the Divorce Act as well as the Family Orders and Agreements Enforcement Assistance Act and Garnishment, Attachment and Pension Diversion Act and make consequential amendments to another Act was introduced to Parliament. This Bill when enacted will amend the…

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Published on: 21 Apr 2020 By

COVID-19 and the anticipated wave of motions to change

I have heard some describe the fallout from the impact of COVID-19 on individuals and families in the family law context as the inevitable “tsunami”. I hope the forecast of a “tsunami” proves incorrect, but I do predict that there will be a wave of variation cases (Motions to Change) when th…

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Published on: 20 Apr 2020 By

Can I get a divorce during the COVID-19 pandemic?

It’s been a long month of social distancing. I mean – wow – this is the most time I have spent with my spouse since … ever! I can appreciate why many couples who were already struggling with relationship dysfunction, or were desiring a separation, may be feeling over the edge now. Of course,…

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Published on: 26 Mar 2020 By

Should I send my child for access during the COVID-19 pandemic?

These are unprecedented times. As I write this article, Canada has 3,385 confirmed cases of the novel coronavirus COVID-19, and as you read this article that number is bound to be higher – perhaps exponentially higher. All non-urgent matters in the Ontario courts have been suspended, w…

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Published on: 19 Dec 2018 By

What is “shared custody” and how is it calculated?

In family law, the term “custody” usually means decision-making. Having “custody”  means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…

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Published on: 18 Dec 2018 By

Are gifts “income” for support purposes?

In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…

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