Appeal Court considers stay of custody order in the face of forged evidenceBy Georgialee A. Lang Many family law attorneys enjoy their practices, despite the rigours of high-conflict litigation and often, never-a- dull-moment narratives, but Ontario counsel surely just survived the emotional wear and tear inflicted by a mother in a recent Ontario case. In Lenihan v. Shankar 2021 ONCA 142, a custody case, the appeal court considered an application brought by a 2-year-old’s father for security for…

An Ontario judge has spoken out clearly about counsel who book trials and then abandon them on short notice to the courts. In Armstrong v. Armstrong, 2017 ONSC 6568, Mr. Justice Pazaratz called the case, involving a reduction or termination of spousal support, only to learn that the litigants in the case were not available, and an adjournment was sought by both counsel. Counsel had earlier agreed and the court permitted them to adjourn the…

In the turbulent 60′s Bob Dylan’s music and lyrics captured the imagination of a whole generation and became the soundtrack for America’s civil rights and anti-war movements. His lyrics are as profound today as they were sixty years ago, and Dylan has become the most prominent legal muse for Judges and legal scholars. Professor Alex Long from the University of Tennessee scoured legal databases for the year 2007 and found that Bob Dylan’s lyrics were…

Albert Einstein’s quotes are legion, but one of his most pithy is: “Two things are infinite: the universe and human stupidity; and I’m not sure about the universe.” Along the same line, Judge Judy once remarked  that “Beauty fades, but dumb is forever”.  Both quotes are apropos for a lawyer from Iowa who actually believed he could receive millions from a Nigerian Prince, and worse yet, dragged a client or five along for the ridiculous…

The Alberta Court of Appeal considered an application for a stay of a parenting order where the lower court had drastically altered the pattern of parenting that had been in place. In Lloyd-Martinez v. Martinez 2021 ABCA 13, the case management judge increased Mr. Martinez’s parenting time from seven supervised visits per month to shared parenting, with alternating weeks, and no supervision.  After nine years of marriage and two young children, this couple separated in…

Parental alienation is a most insidious form of child abuse, a phenomenon that leaves children scarred and innocent parents victimized.  If and when the child is returned, the healing process begins, though often times the damage is difficult to repair and the financial and emotional wear and tear is immeasurable.  Sometimes “left-behind” parents consider whether a court action is feasible to receive damages from the alienating parent as compensation for the tortuous journey they travelled to…