Should I stay or should I go?
The issue of mobility is one of the most, if not THE most complicated and difficult in family law. There is no middle ground between one parent and child/children moving away from the other parent – you either […]
Family Law
Imputing Income for Child Support Purposes: Under-Employed or Unemployed Payors
Often times, calculating base child support is a straight forward task which uses the payor’s income and the number of children of the relationship to determine the monthly child support amount pursuant to the Federal Child Support […]
Shady Disclosure
The recent decision of 
from the Ontario Court of Appeal shed light on what happens when a party deliberately provides numbers and financial disclosure that is false and the parties enter into […]
Damages for Assault in the Context of Divorce
Montgomery v Kenwell, 2017 ONSC 3107 is a very interesting decision by Healy J. of the Ontario Supreme Court. Among other issues, it deals with the wife’s application for an award of damages from the husband in relation to the […]
Making Unemployment “Work” in Family Law Proceedings
In a recent decision out of Ontario, Cammaroto v Cammaroto, 2015 ONSC 3968, the Ontario Superior Court of Justice found that a husband was just “going through the motions” on his job search.
The Tricky Task of Annulling a Marriage
In 2016 Eleanor McCain, heiress to the McCain Foods fortune, applied to annul her 9-month marriage on the basis that her husband had tricked her into marrying him. In reply, her husband, Jeff Melanson, sought a divorce and […]
Extra-Provincial and Foreign Adoption Orders
Parents who obtain an adoption order outside of the province of Alberta must consider the effect of the foreign order under the Child and Youth Family Enhancement Act (CYFEA). Section 73 of the CYFEA provides that,
Ontario Court Finds Child Support Provision of their Family Law Act Violates Charter Rights of Adult, Disabled Children: Implications for Alberta
A recent Ontario family law case, Coates v Watson 2017 CarswellOnt 10653, dealt with the fact that the Divorce Act and the Family Law Act (in Ontario) treats adult, […]
The Inclusion of Surrogacy Fees in a Personal Injury Claim
A precedent setting personal injury decision out of British Columbia was recently released, Wilhelmson v. Dumma, 2017 BCSC 616. The case arose from a major head on collision […]
What’s In A Name?
When a parent or guardian of a child in Alberta seeks to change the last name of a minor, their application to the Court is made pursuant to Section 23 […]