court decisions

/court decisions

More than $500,000 in Legal Costs for a Family of Modest Means

In the 2016 costs decision in the case of Jackson v. Mayerle, Justice Pazaratz of the Superior Court of Ontario makes stinging comments about the impact of high conflict litigation on a family of modest means. He states: These are nice, average people. Of modest means (now considerably more modest). They drive old cars and [...]

By | November 24th, 2016|court decisions|0 Comments

Child declared to have two fathers despite silence in Children’s Law Reform Act on same sex parenting and assisted reproduction

The Ontario Government needs to recognize the changing face of parenthood and amend the Children's Law Reform Act to recognize parents of the same gender and developments in assisted reproduction. In M. (A.W.) v. S. (T.N.), 2014 ONSC 5420, Mr. Justice Henderson granted an application brought by two married men to be declared a child's [...]

By | February 25th, 2015|children, court decisions, parentage|0 Comments

Voluntary retirement doesn’t mean spousal support ends

Often when parties separate, they include a clause in their separation agreement that says spousal support can end or be reviewed when there is a "material change of circumstances".  What does this mean if the payor chooses to retire? In the case of Walts v. Walts, Justice Minnema of the Ontario Superior Court of Justice [...]

By | January 14th, 2014|changes, court decisions, review, support|1 Comment