In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the context of a family law proceeding. Significantly, it denied the creation of the novel tort of “family violence.” In doing so, it clarified the requirements for introducing tort claims in […]
In Anderson v Anderson, 2023 SCC 13 [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from the Saskatchewan Court of Appeal, the Court unanimously ruled that while the overarching principles established in Miglin v Miglin, 2003 SCC 24 [Miglin], can be used in the […]
In Barendregt v Grebliunas, 2022 SCC 22 [Barendregt], the Supreme Court of Canada ("SCC") examines the process by which new information can be introduced by the parties on appeal, specifically in the context of parenting relocation applications. Examining the various interests at play in a relocation application, the SCC ultimately concludes that finality is one […]
In F v N (2022 SCC 51), the Supreme Court of Canada (“SCC”) decided the question of whether or not Canadian courts have jurisdiction over custody issues involving children in situations of parental abduction. At issue were provisions of the Children’s Law Reform Act (“CLRA”) that sought to create a regime to address such concerns […]
B.J.T. v J.D., 2022 SCC 24 [B.J.T.] is a case concerning a custody dispute over a child in relation to the Child Protection Act, R.S.P.E.I. 1988, c. C-5.1 [CPA], Prince Edward Island’s child protection legislation. The story of the parties is long, complicated, and distressing, with the battle for custody of W.D., the child, between […]
There has been confusion in the courts surrounding the applicable framework for determining applications under section 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) to retroactively reduce or rescind the amount of owed child support (Colucci v Colucci, 2021 SCC 24 [Colucci], para 3). This confusion has partly resulted from the courts' […]
Families come in all shapes and sizes, and the primary caregivers of a child in a given family aren’t necessarily always the child’s parents. The law, however, has struggled to grasp the diversity of family structures in the context of custody hearings. The Prince Edward Court of Appeal (“PECA”) faced this dilemma in BJT v […]
New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]
Should children’s rights to child support be protected by the courts even after the child has reached the age of majority? Should the payor parent be held liable for dishonest financial disclosure during child support proceedings after the child support order has already expired? In Michel v Graydon, 2020 SCC 24 [Michel], the SCC clarifies […]
In RS v PR, the Supreme Court of Canada clarified the conditions for international lis pendens under the Civil Code of Quebec, as well as the scope of discretion to deny a stay even when the conditions are met.