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As family law arbitration becomes commonplace, issues will undoubtedly arise that can only be resolved by the Court. One such example is the case of Horowitz v Nightingale, 2017 ONSC 2168 where the parties entered into Minutes of Settlement that included the following provision: “The parties agree to submit the issues outlined in paragraph 6 … to Arbitration with Stephen Grant on four of the following dates (subject to confirmation from Mr. Grant’s office and…
Ontario lawyer, John Findlay, stole almost $2 million dollars from his clients, but decided not to show up for the Law Society hearing to determine the circumstances and his punishment. Somehow, I am not surprised… Findlay was called to the bar almost 40 years ago, in 1980, and practised civil litigation. Also not surprising, was that he was disbarred for two years in the early 2000’s for misappropriating client monies. Findlay acted in a class…
On October 12, 2018 Malcolm Zoraik applied to be admitted to the Ontario bar. After a 2-day hearing his application was dismissed. But that is not the last word in Mr. Zoraik’s journey to re-establish himself as a member of the bar. On June 3, 2019 Mr. Zoraik appealed the earlier decision of the Law Society tribunal citing multiple grounds of appeal and presenting fresh evidence, namely, a pardon from the National Parole Board pursuant…
After six years of litigation the parties reached a final settlement of all issues related to the parenting of their three children. With a 10-week trial scheduled for late January 2019, the parties brought their consent order to the trial judge on January 7, 2019 expecting to speak to the order, have it approved by the judge, and adjourn their trial. However, that is not what happened. The judge declined to approve the consent order,…
Photo by kat wilcox on Pexels.comThe murders of billionaire couple Bernard and Honey Sherman of Toronto shocked Canadians across the country, who tend to believe that the very wealthy lead charmed lives. The case attracted huge attention, not only for the prominence of the Sherman’s and their political connections, but for the initial misstep, when the Toronto Police first pronounced their deaths a suicide. (Donovan v. Sherman Estate, 2019 ONCA 376) The latest chapter…
A high conflict family dispute was the background for an Ontario judge to make contempt findings against a mother who allegedly failed to provide access/parenting time in accordance with a court order dated September 2015. (Ruffolo v. David, 2019 ONCA 385) The child’s father presented 37 alleged breaches of ten separate access/parenting orders. The application judge found three instances of breaches that warranted contempt findings: 1. The appellant failed to provide the children’s summer activity…
A high conflict family dispute was the background for an Ontario judge to make contempt findings against a mother who allegedly failed to provide access/parenting time in accordance with a court order dated September 2015. (Ruffolo v. David, 2019 ONCA 385) The child’s father presented 37 alleged breaches of ten separate access/parenting orders. The application judge found three instances of breaches that warranted contempt findings: 1. The appellant failed to provide the children’s summer activity…
A British Columbia mother has launched a constitutional challenge to the provisions of the Divorce Act, Family Law Act, and Child Support Guidelines dealing with child support. Claimant M.K. brought forward the legal theory that children have a constitutional right to receive child support from both parents from the date of the child’s birth. She argued that legislation that permits parents to avoid this responsibility infringes a child’s right to support. The substance of her…
A British Columbia mother has launched a constitutional challenge to the provisions of the Divorce Act, Family Law Act, and Child Support Guidelines dealing with child support. Claimant M.K. brought forward the legal theory that children have a constitutional right to receive child support from both parents from the date of the child’s birth. She argued that legislation that permits parents to avoid this responsibility infringes a child’s right to support. The substance of her…
In a recent Ontario case, the Court considered an application for child support where the parents shared equal parenting of two children. (Carroll v. Carroll, 2019 ONSC 2505) Despite finding that the parties had not provided sufficient information for the Court to make a reasoned decision, the judge decided to make a “temporary temporary” order, which he described as an order that could be varied, with no need to adduce a material change in circumstances.…