corollaryrelief @corollaryrelief
Curated Ontario #famlaw court decisions, by family law lawyer Shmuel Stern, founder @disclosureCLIN. Weekday posts 6am, Appeals Friday 4pm. protopage.com/corollaryrelief ON/OH Joined July 2016-
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I am taking the next two weeks off, to celebrate freedom from bondages past, and, we pray, current. #unconditionalrelease #letourpeoplego
ONCA confirms court shouldn't entertain appeal by a party from an unopposed/uncontested proceeding (...with exceptions). Pleadings Notice refers to heads of relief, not the details (here, changing s.7 expenses): Matos v. Driesman, 2024 ONCA 271 buff.ly/49ylL0N
"Choice of school" where the choice is between going to school or, as here, not. If there is a problem at a school, do the legwork to find assists before unilaterally changing... Parenting switcheroo consequences here: Grove v. Fahad, 2024 ONSC 2143 buff.ly/3UlClML
Time to add this to Court Calculator: Per CYFSA, which requires a matter brought “soon as practicable, but in any event within five days”... Do we rely on FLR R.3 to *not* count weekends? Analysis of "rule": CAS Sudbury & Manitoulin v. KP, 2024 ONCJ 180 buff.ly/4aECGQw
Trickier CSG Sch III adjustment for 'taxable capital gains'
Trickier CSG Sch III adjustment for 'taxable capital gains'
Within this parenting trial, caselaw on: court's obligations to self-reps; translation methodology during trial; how to challenge an OCL report; crediting payments per immigration sponsorship as child support: Gaynor v. Cruz Belliard, 2024 ONSC 1661 buff.ly/3W0WBVa
PSA: OCJ updated it's "Scheduling of Family Matters" Notice re filing for institutional litigants (CAS, OCL, FRO, OW) effective April 3, 2024: ontariocourts.ca/ocj/notices/sc… courtnoticefinder.ca Ht: @FOLA_tweets
What a court will, and won't, do on urgent motion before case conference where party on title to matrimonial home stops paying the mortgage. Rare reference to FLA s.22 right of redemption and relief against forfeiture: Alkahlout v. Abbood, 2024 ONSC 1714 buff.ly/4aCOqD6
SCJ motion for child support of children from prior relationships based on in loco parentis where pre-existing OCJ orders against "bio-dads". Also, an order compelling parent to take child to activity during their time: Thompson v. Thompson, 2024 ONSC 2121 buff.ly/43Uk0d7
"The solicitor-client relationship lasted only 13 days." 😱 Bell v. Amini, 2024 ONCA 260 buff.ly/3TXbLIm
Good costs decision on an interim parenting motion. See ~27: When serving an offer, don't add conditions that are outside the motion, and serve with reasonable time to consider it, esp. if sending to a self-rep: Shirley v. Wellington, 2024 ONCJ 128 buff.ly/3VRvvQo
Worthwhile review of bringing a motion to end interim supervised parenting time. Keep your eye on onus, a "road map", and underlying reasons for supervision in the first place. (Better yet, write it out at first instance): Karimi v. Kyron, 2024 ONSC 2043 buff.ly/4aJVNZH
On interim retroactive child support & (jurisdiction for) interim variation of preservation orders. But really, if your 'simple divorce' is Answered with substantive claims, seek amended Application, can't claim via Reply: Spencer v Spencer 2024 ONSC 1970 buff.ly/49sYmOb
Interesting result on motion for "chasing order" where child removed to (non-Hague) India, & jurisdiction found per CLRA. See ~28 on inadmissable evidence, ~89 on whether court can make such Order, ~95 costs WORD limits (!): Kalra v. Bhatia, 2024 ONSC 1443 buff.ly/3vvNh13
Useful case to keep handy - Good review of stock options and income for support purposes. Walker v. Walker, 2024 ONSC 198 canlii.org/en/on/onsc/doc… #familylaw #divorce
Toronto Family Lawyers: so excited to announce the launch of the 361 Family Law Forum through the SCJ. Our inaugural CLE program is "The Self Employed Payor: Tips for Dealing with Income Determination". Best of all, it is free! Register here - eventbrite.ca/e/361-family-l…
"In so many respects Mr. Ierullo’s proposal to call Ms. St. George [as a trial witness] is predicated on a theory of relevance based on hearsay, wrapped in conjecture and delivered with clear animus.": Ierullo v. Ierullo et al, 2024 CanLII 27330 (SCJ) buff.ly/4azf5R2
A hard act to follow...
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@corollaryrelief It feels weird this year to say Happy Passover so instead I am going to say that I think of you and all of my Jewish friends and colleagues daily. I pray for you, I worry about you, I marvel at you and I love you. #BringThemAllHome
@corollaryrelief It's such a heartbreaking time to mark this holiday in particular. Chag sameach.
Divorce is expensive when you have assets to deal with. It just got more expensive. If you've got a cottage that will need to be sold, that isn't your primary residence, pay attention to the latest tax hike on capital gains cottagelife.com/realestate/how….
Shooting our next podcast to drop Sunday on the topic of "Lawfare" and the weapoization of criminal law not only in the political sphere but in various aspects of our society to promote false narratives.
Can't wait! Being nominated is a thrill and an honour. 🙏
Come celebrate the achievements of some of Ontario's brightest legal stars at the OBA's Annual Awards Gala. Click on the link for more information and a list of this year's recipients. oba.org/News-Media/Pre…
I'm a finalist for the @OBAlawyers "Orlando Da Silva Award for Improvement of Mental Wellbeing in the Justice Sector" among 5 other wildly impressive nominees. It's cliche, but it truly is an honour just to be nominated. Winner to be announced June 20th.🙏cbapd.org/details_en.asp…
Ontario Court of Appeal considers whether a father’s right to appeal is forfeited by the fact that his pleadings were struck due to his failure to comply with earlier disclosure orders. Matos v. Driesman, 2024 ONCA 271 canlii.org/en/on/onca/doc… #familylaw #divorce
Excited to be offering private Voice of the Child Reports in SW Ontario! This is separate from my work as an OCL agent. It's fast & offers a route for those who've been declined by OCL to still take a child-centred approach to resolving parenting disputes. valaw.ca/voice-of-the-c…
It's hard to believe that it's only been 1 year since @felicitysattan joined our team. From day 1 Felicity has been a seamless fit. Showing care and compassion in everything that she does, we are proud to witness the major impact Felicity leaves on her clients' lives every day!
Elizabeth Wilson, one of the presenters at the AFCC-O's most recent Webinar - (Remedying Coercive Control and DV/IVP/Family Violence Through the Law) - has been appointed to the OCJ. Congratulations to Justice Elizabeth Wilson! news.ontario.ca/en/bulletin/10…
Useful case to keep handy - Good review of stock options and income for support purposes. Walker v. Walker, 2024 ONSC 198 canlii.org/en/on/onsc/doc… #familylaw #divorce
@lornamyates73 @corollaryrelief Please tell me there is a Virtual option?
Toronto Family Lawyers: so excited to announce the launch of the 361 Family Law Forum through the SCJ. Our inaugural CLE program is "The Self Employed Payor: Tips for Dealing with Income Determination". Best of all, it is free! Register here - eventbrite.ca/e/361-family-l…
It’s great to be back at the @ccla_abcc Family Law Conference #familylaw #FamLaw24
Rise and Shine! Welcome to the 33rd Annual Institute of Family Law Conference. Registration opens at 8:15am outside of the Outaouais room! #FamLaw24
Rise and Shine! Welcome to the 33rd Annual Institute of Family Law Conference. Registration opens at 8:15am outside of the Outaouais room! #FamLaw24
Philip M. Epstein Award - Excellence Family Law - Announcing this Award in Phil's honour and memory. epsteincole.com/news-and-event…
@Ali__B Brampton has solved this problem by disallowing 14B motions. “Reading the Family Law Rules is highly recommended”. 🙄