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Judge appoints receiver to get to the bottom of husband's assets in divorce case

Adam N. Black Financial Post Judicial intolerance for spouses who provide incomplete financial disclosure in divorce cases appears to be on the rise, amid an increasing backlog of...
Sep 20, 2022

Law governing appeals from commercial arbitration needs clarification

Marco P. Falco The Lawyer's Daily Ontario courts adopt a deferential posture toward commercial arbitration awards. This approach is consistent with the fundamental principle underlying...
Sep 9, 2022

In family law, biology no longer the ‘tiebreaker’ when a child’s best interest is at stake

Laurie H. Pawlitza Financial Post As the make up of families changes, the resolution of parenting issues becomes more complex. The laws in each province and the federal laws set out a ...
Aug 11, 2022

What you now need to know about administrative delay

Marco P. Falco The Lawyer's Daily Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party's psychological well-being, underm...
Aug 11, 2022

Considerations Before Seeking Judicial Review Checklist (ON)

Marco P. Falco LexisNexis Canada's Practice Guidance tool This checklist identifies some of the most important factors an applicant should consider when deciding to pursue judicial review in the Ontario Divis...
Aug 3, 2022

Think your marriage contract is a sweetheart deal? Case shows courts may not be so sure

Adam N. Black Financial Post Marriage contracts can be an effective tool for a couple wishing to create certainty in the event of their future separation. But failing to take care...
Jul 28, 2022

New option for Canadian charities working with non-qualified donees

Linda J. Godel and Nathaniel Balakumaran The Lawyers’ Daily Canadian registered charities that work with non-charities now have another manner of doing so. Specifically, new qualifying disbursement rules have b...
Jul 20, 2022

Top four factors to consider when appealing commercial arbitration awards

Marco P. Falco The Lawyers’ Daily There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, wi...
Jul 19, 2022

Canada’s First AI Act Proposed

Lisa R. Lifshitz business law today On June 16, 2022, Canada’s Minister of Innovation, Science and Industry (“Minister”) tabled the Artificial Intelligence and Data Act (the “AI Act”), C...
Jul 13, 2022

The New Qualifying Disbursements Rules for Charities

Linda J. Godel and Nathaniel Balakumaran In April 2022, we reported on important changes for charities arising from the 2022 Federal Budget. More recently, on June 23, 2022, the Budget Implem...
Jun 29, 2022

Admission of New Evidence on Appeal: The SCC’s Decision in Barendregt v. Grebliunas

Justyna A. Waxman Ontario Bar Association On May 20, 2022, the Supreme Court of Canada released its long-awaited reasons in Barendregt v. Grebliunas, a landmark decision which considered when ...
Jun 10, 2022

If you think child support doesn't apply to stepchildren, think again

Adam N. Black Financial Post Monthly child support payments from one parent to the other are one of the most common outcomes of a separation. As time goes by, separated parents of...
Jun 8, 2022

​Top 4 considerations when seeking a stay pending appeal, judicial review

Marco P. Falco The Lawyer's Daily ​In Ontario, the issue of whether a decision or order is stayed pending an appeal or judicial review depends on the interaction of several statutes an...
May 31, 2022

Family law faces double-dipping dilemma when it comes to stock options, other deferred compensation

Laurie H. Pawlitza Financial Post The Child Support Guidelines and the Spousal Support Advisory Guidelines have helped harmonize the awards of child support and spousal support across ...
May 16, 2022

Legal iGaming Comes to Ontario!

Lisa R. Lifshitz ABA Business Law Today On April 4, 2022, Ontario became the first province in Canada to regulate online gambling, legalizing what was previously a grey market in this space....
May 5, 2022
May 2, 2022

‘Boomerang’ summary judgment motion: What you need to know

Marco P. Falco The Lawyer's Daily In its revolutionary 2014 decision, Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada issued a judicial call-to-arms to all litigators: to t...
Apr 27, 2022

Lying low may not be the best course of action when it comes to temporary spousal support claims

Laurie H. Pawlitza Financial Post Spousal support is one of the most discretionary areas of family law. The issue can become even more complex when a spouse claims retroactive support ...
Apr 13, 2022

When to seek security for costs on appeal

Marco P. Falco The Lawyer's Daily Canadian appellate courts are reluctant to have an appeal dismissed without a full hearing on the merits. That being said, where an appeal has little ...
Mar 23, 2022

Judge awards damages for 'family violence' in landmark case

Adam N. Black Financial Post In a ground-breaking decision, an Ontario court recently ordered a husband to pay his former wife damages of $150,000 on account of the physical and p...
Mar 16, 2022

Father awarded more than $675,000 in costs after epic five-year fight over kids

Adam N. Black Financial Post After five years of litigation, culminating in a 39-day trial and an award of costs in excess of $675,000, a father was finally able to restore his re...
Feb 25, 2022

Top five considerations before seeking judicial review in Ontario

Marco P. Falco The Lawyer's Daily Judicial review is the process by which an applicant challenges state action made by a tribunal or other government actor in court.
Feb 17, 2022

Suing your ex's family for conspiracy no longer out of bounds if they help in the evasion of child support

Laurie H. Pawlitza Special to Financial Post After separation, it’s common for extended families to get involved in a couple’s divorce. Most of the time, the family of a separated spouse will pro...
Feb 8, 2022

Top 5 Questions to Ask Before Seeking Judicial Review

Marco P. Falco Judicial review is the process by which an applicant challenges a statutory power of decision, made by a tribunal or other government actor, in Court....
Feb 2, 2022
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