Category: Recent Cases

Parental Access Rights Must be Balanced During COVID-19

Recently, our firm posted a blog about a case in which a father was ordered out of the matrimonial home when the court determined his behaviour was putting his former spouse and children at risk of infection. While that case demonstrated the extreme measures that a court will take when there is clear evidence of… Continue reading Parental Access Rights Must be Balanced During COVID-19

When is a Gift Considered Income in the Calculation of Child Support?

When a couple with children divorces, often the parent with the higher income will be responsible for making child support payments to the other parent, dependent on parenting and access arrangements. In a case where one parent earns considerably more from their job or has significant personal wealth, the calculation of support can be a… Continue reading When is a Gift Considered Income in the Calculation of Child Support?

Changes to the Standard of Review in Appealing Arbitrations

In a recent decision from the Supreme Court of Canada, titled Canada (Minister of Citizenship and Immigration) v. Vavilov (“Vavilov“), the rules regarding appeals of arbitration awards was significantly overhauled. In the past, decisions of arbitrators that were brought before the courts for an appeal on a question of law could only be considered on… Continue reading Changes to the Standard of Review in Appealing Arbitrations

Terminating a Child’s Right to Visit Parent is an Extreme Remedy

A recent decision of the Alberta Court of Appeal has held that completely terminating a child’s right to see a parent after a separation is a remedy that should only be taken in the most extreme circumstances. According to the court, a previous record of abuse against the child’s mother was not sufficient to fully… Continue reading Terminating a Child’s Right to Visit Parent is an Extreme Remedy

Reproductive Assistance and Contract Law (or, who gets the embryo?)

In a unique decision out of the Ontario Superior Court of Justice, the parties to the matter were a divorced couple who disagreed about the use of frozen embryo that had been cultured prior to their separation. In S.H. v. D.H., 2018 ONSC 4506 the parties had contracted with a medical provider in the United… Continue reading Reproductive Assistance and Contract Law (or, who gets the embryo?)