Sudbury District Law Association Sudbury Colloquium 2018 Family

Sudbury District Law Association Sudbury Colloquium 2018 Family Law Review 2017/2018 Philip M. Epstein Q. C.

Leeming v. Leeming, 2017 ONCA 111 Best practice in high conflict cases mandates that the same judge retain jurisdiction to resolve continuing disputes

Cheng v. Liu, 2017 ONCA 104 Jurisdiction to award child support, spousal support, and equalization of property after a foreign divorce

Gonsalves v. Scrymgeour, 2017 Carswell. Ont 2420 Spousal Support Advisory Guidelines - determining where in the range in terms of quantum and duration an order should be made

E. Z. v. P. Z. , 2017 BCSC 375 A party is deceived as to the paternity of a child - does he stand in place of a parent and is he liable for child support? T. W. v. S. L. , 2017 Carswell. Sask 94 In the place of a parent - where there is deceit as to paternity there cannot be a settled intention to treat a child as a family member

A. F. v. B. J. A. , 2017 ONCJ 108 Admissibility of voice recordings and transcripts where there is significant probative value & evidence is directly relevant to issues

Colucci v. Colucci, 2017 ONCA 892 The court has jurisdiction to vary child support even when the children are no longer “children of the marriage”

Bakhshi v. Hosseinzadeh, 2017 ONCA 838 The impact of the Islamic marriage contract (Maher) on equalization - Maher payment must be included in the equalization calculation

Holtby v. Draper, 2017 ONCA 932 Resulting trust - does a party’s intention to defeat creditors bar a claim of resulting trust?

M. L. v. J. C. , 2017 ONSC 7179 Who is a parent? - All Families are Equal Act - statutory requirements of a valid surrogacy agreement & declaration of parentage using parens patriae jurisdiction

Children’ Aid Society of Algoma (Elliot Lake) v. P. C. -F. and A. F. , 2017 ONCJ 898 Children’s evidence: Evidence in chief by affidavit, hearsay, and obtaining wishes and preferences of children

Choquette v. Choquette, 2018 ONSC 1435 Termination of spousal support - failure to attempt self sufficiency constitutes a material change in circumstances

Baker v. Harmina, 2018 NLCA 15 Another dog case

Office of the Children’s Lawyer v. Balev, 2018 SCC 16 Hague Convention: how to interpret “habitual residence” Canadian Courts should adopt a hybrid approach to consideration of habitual residence