Ontario Family Law Monthly (OFLM)

O.F.L.M. 2024-09 PDF

  1. Sep 19 Common law spouses and exclusive possession: still an ‘open question’? Oriana Visser
  2. Sep 19 The path to independence: self-sufficiency in the modern world Roxanna Cian

O.F.L.M. 2024-08 PDF

  1. Aug 20 Interim Orders for Preservation: A Brief Reminder of the Law David Tobin
  2. Aug 20 Interjurisdictional Support Orders Act: Setting aside and confirming foreign support orders Christina Hinds
  3. Aug 20 Seeking an order disposing of the other party’s consent to travel? A “Hague Country” is not necessarily enough to dispel concerns Lesley Singer

O.F.L.M. 2024-07 PDF

  1. Jul 29 Mind the gap: Implications of the “gap year” on child support Christina Hinds
  2. Jul 29 When bringing a motion to enforce a purported settlement, don’t forget to check the jurisdiction Amruta Ponkshe
  3. Jul 29 Paws and Effect: How the courts determine ownership of the family pet Samantha Rich
  4. Jul 29 The Double-Dipping Dilemma: When Will Courts Permit Double-Dipping? An Examination of post-Boston Case Law Lesley Singer

O.F.L.M. 2024-06 PDF

  1. Jun 30 Communication is key: Justice Chappel’s decisions on decision-making Amruta Ponkshe
  2. Jun 30 Contempt and Consequences: When a court order is breached, is a contempt remedy the best option? Samantha Rich
  3. Jun 30 “There are medical records, and then there are medical records”: Requesting disclosure relevant to a parent’s mental health Ainsley Doell
  4. Jun 30 Imputing income for underutilized assets: When should a spouse be required to exercise or sell stock options for support purposes? Lesley Singer

O.F.L.M. 2024-05 PDF

  1. May 28 Words lawyers do not want to hear at an uncontested trial: “Why? On whatevidence?” Christina Hinds
  2. May 28 Financial disclosure – seeking a balance between too much and too little Amruta Ponkshe
  3. May 28 Caught on camera: discouraging surreptitious recordings Samantha Rich
  4. May 28 Crafting persuasive parenting plans using the AFCC-O Guidelines Ainsley Doell
  5. May 28 Getting in, getting out: when is an order for supervised parenting time appropriate? Lesley Singer

O.F.L.M. 2024-04 PDF

  1. Apr 26 When requesting financial disclosure, keep relevance and proportionality in mind David Frenkel
  2. Apr 26 Offers to settle: looking beyond subrule 18(14) of the Family Law Rules Christina Hinds
  3. Apr 26 Maintaining the status quo: legal principles when attempting to make changes on an interim basis Samantha Rich
  4. Apr 26 Calculating fairness: determining entitlement to occupation rent Ainsley Doell

O.F.L.M. 2024-03 PDF

  1. Mar 19 Adjourning a trial: The “balancing act” in Angle v. Angle Christina Hinds
  2. Mar 19 Costs, penalties, fines: What is the difference? Amruta Ponkshe
  3. Mar 19 Patel v. Patel: The legal framework of setting aside orders made on consent Samantha Rich
  4. Mar 19 Applying the law of resulting trust to matrimonial homes Ainsley Doell

O.F.L.M. 2024-02 PDF

  1. Feb 19 Clients setting aside separation agreements: a recent decision and important principles David Frenkel
  2. Feb 19 Penalty hearings in contempt proceedings: A review of the applicable principles Christina Hinds
  3. Feb 19 Sale of a Matrimonial Home – the Partition Act versus the Family Law Act Amruta Ponkshe
  4. Feb 19 Looking to change your child’s name? You will need more than a temporary order for decision-making Ainsley Doell

O.F.L.M. 2024-01 PDF

  1. Jan 31 How do we define time in the Divorce Act? “Substantially equal” and “vast majority”, do they have any meaning? David Tobin
  2. Jan 31 What’s mine is.... mine: Surreptitiously obtained documents in family law proceedings Christina Hinds
  3. Jan 31 The costs of withdrawing a case Amruta Ponkshe
  4. Jan 31 To move or not to move to Alberta – a summary judgment Samantha Rich
  5. Jan 31 “Leveling the playing field” with interim disbursements Ainsley Doell

O.F.L.M. 2023-12 PDF

  1. Dec 15 Planning to claim a section 7 expense? Remember to review the principles David Frenkel & Samantha Rich
  2. Dec 15 Ignorance isn’t bliss: A story of a failure to read a marriage contract Christina Hinds
  3. Dec 15 Unequal property division for short marriages Amruta Ponkshe & David Frenkel
  4. Dec 15 Gift or loan: how your money is characterized matters Ainsley Doell

O.F.L.M. 2023-11 PDF

  1. Nov 3 The non-depletion order: A helpful tool to protect future payments David Frenkel
  2. Nov 3 Varying a temporary parenting order? Very hard and very rare. David Tobin
  3. Nov 3 Qualifying expert witnesses and family law business valuations Christina Hinds
  4. Nov 3 Are you seeking unequal division of NFP? Try shocking the court’s conscience! Amruta Ponkshe
  5. Nov 3 The best interests of the child: Lessons in co-parenting and shielding children from conflict Samantha Rich
  6. Nov 3 Y.H.P. v. J.N.: A recent response to an extreme “campaign” of parental alienation Ainsley Doell

O.F.L.M. 2023-10 PDF

  1. Oct 13 Long live rough justice: the wild west of interim spousal support motions David Frenkel
  2. Oct 13 Section 33(10) of the Family Law Act: when is spousal conduct relevant to support? David Tobin
  3. Oct 13 Consolidation of family and civil proceedings: a review of the test and recent decision of Alsous v. Shahin Christina Hinds
  4. Oct 13 Unjust Enrichment and Joint Family Venture: Just tools for common-law property division Amruta Ponkshe
  5. Oct 13 Relocating with children: the best interests of the child requirement and the burden of proof Samantha Rich
  6. Oct 13 The role of therapeutic orders in cases of parental alienation Ainsley Doell

O.F.L.M. 2023-09 PDF

  1. Sep 14 A proposal for the tort of financial abuse in family law David Frenkel, Ainsley Doell
  2. Sep 14 Contact orders and extended family: when will the court intervene? Christina Hinds
  3. Sep 14 Notional disposition costs: what are they good for? Absolutely something. Amruta Ponkshe
  4. Sep 14 Navigating parental alienation in family law: guiding principles, evidence & remedies Samantha Rich

O.F.L.M. 2023-08 PDF

  1. Aug 1 Why the Court of Appeal in Ahluwalia v. Ahluwalia did not do enough for victims of family violence David Frenkel
  2. Aug 1 Limitation period? Not today! David Tobin
  3. Aug 1 A review of the tort of intentional infliction of emotional distress Christina Hinds
  4. Aug 1 A review of seven recent tort decisions of family violence in Canada Samantha Rich

O.F.L.M. 2023-07 PDF

  1. Jul 1 Compensatory basis for spousal support – a review and analysis of post-pandemic case law David Frenkel
  2. Jul 1 You get an expert! You get an expert! EVERYONE GETS AN EXPERT! (Thank you Oprah) David Tobin
  3. Jul 1 Back to (Rosen) Basics – the threshold for urgency Christina Hinds
  4. Jul 1 Should a litigant provide the court with relevant information, even if it is not helpful for their case? Amruta Ponkshe
  5. Jul 1 To reduce conflict and tension in family law cases, don’t ask for irrelevant disclosure Samantha Rich

O.F.L.M. 2023-06

  1. Jun 1 The Anderson framework: helpful in Saskatchewan, but in Ontario, we have LeVan David Frenkel
  2. Jun 1 Liar(s), liar(s), pants on fire – credibility revisited David Tobin
  3. Jun 1 Foreign judgments and the defence of public policy: repugnant facts won’t cut it Christina Hinds
  4. Jun 1 Striking the balance on striking a party’s pleadings for non-disclosure Samantha Rich