On May 16, the Supreme Court of Canada granted leave to appeal the July 2023 decision of the Court of Appeal of Ontario in the matter of Ahluwalia v. Ahluwalia, 2023 ONCA 476. You will recall that at trial (Ahluwalia v. Ahluwalia, 2022 ONSC 1303), the court awarded $100,000 in compensatory and aggravated damages for the new tort (created by the court in this case) of family violence. The appeal court allowed the appeal in part, reduced the damages award and refused to recogni

I had the pleasure of attending the Spring Family Law Dinner organized by the York Region Law Association on May 6. Many distinguished speakers presented throughout the evening, but I was particularly struck by the passionate words of Justice Richard Bennett (Ontario Superior Court of Justice). Justice Bennett bemoaned what he sees (from the bench) as a growing lack of respect in his courtroom and otherwise in the profession. His words strucka deep chord within me, leading to

The recent case of China Yantia Friction v. Novalex Inc., 2024 ONSC 608, is must reading for all counsel who appear in our courts. Justice Charles Chang of the Superior Court of Justice heard this matter in person on Jan. 9, 2024 and released his decision on Jan. 26, 2024.

Does a court have jurisdiction to impose a monetary penalty or fine pursuant to Rule 1(8) of the Family Law Rules in the absence of a finding of contempt? There is a conflicting line of family law cases with respect to this emerging issue.

I read this case recently, Bron v. Thompson, 2022 ONSC 5674, wherein counsel for the respondent received a stinging reprimand from the presiding justice for breaches of the practice direction relating to page limits, attachments and spacing together with attempts to file beyond the  court's timelines. These actions were described as "bad practice" by the presiding justice and who could argue with this description.

If you are a follower of celebrity headlines, then no doubt you have read all about the recent separation of Sophie Turner and Joe Jonas. While their separation may come as a shock for some (including Turner, who apparently learned through social media that Jonas had officially filed for divorce, which he disputes), the bigger shock has been Turner's claim under the Hague Convention, arising from her allegation that Jonas has wrongfully removed or wrongfully retained the chil

Recently I argued a difficult long motion wherein the opposite side used three cases in the Court of Appeal against my argument. Interesting, all three involved appeals that I had argued and lost! No busy family lawyer likes to admit to losses in any court, but this was particularly embarrassing as the only three cases he relied upon were my losses. I would like to suggest that those three cases are the only cases I have ever lost in the Court of Appeal, but the truth is ther

Mental health issues are increasingly part of a family lawyer's practice. Inadequate community resources for those suffering from such afflictions exasperate the problem. Often dealing with the emotional impact of a separation and/or divorce can drive an otherwise emotionally healthy client to emotional or mental breakdown. Marital breakdown and mental health issues often cause a family lawyer to question the client's ability and capacity to instruct counsel. I have compiled

-- Spoiler Alert: This short piece will not follow my habit of complaining and criticizing. There is more of that to come soon but for now I want to comment on a case that has been around for some time but should be revisited on a regular basis.

This article was written by Michael Stangarone and Aria MacEachern. In the July 2023 decision Jasiobedzki v. Jasiobedzka, [2023] O.J. No. 3044, the husband sought to appeal two spousal support orders made after a trial to the Ontario Court of Appeal.

I recently attended a very enjoyable retirement party. Yes, you read it correctly, a very enjoyable retirement party!

I often tell my colleagues that I have notational bruises all over my body and my ego from my many appearances in the Ontario Court of Appeal (by the way, the Alberta Court of Appeal has also levelled multiple blows to my quite resilient ego). With great respect, I find myself at times totally disagreeing with various appeal decisions; however, when the Appeal Court nails it, I feel compelled to speak up. Nail it they did in the Ahluwalia v. Ahluwalia, 2023 ONCA 476 decision.

Recently a number of young family lawyers have written and published views relating to the role of the family lawyer in the justice world. These articles suggest that skills relating to negotiation and keeping matters out of court now are more important than advocacy skills and court presence. Wow! What an innovative and forward thinking view. Not!

As with most family law disputes, respect is due to the competing views of both parties. No more so than with parenting disputes. For years debate has raged over appropriate parenting time for the non-primary parent of an infant. Within this debate issues arise over breastfeeding, childcare, adequate facilities (for example a crib), availability and overall safety concerns. My own experience in raising four children (with some limited help from my wife ... lol) alerts me to t

Your family home is where you and your family can rest, enjoy each other’s company and create memories. But what happens to this special place when a couple decides to separate and, ultimately, divorce?

I suspect not many of my colleagues are following the machinations of the Law Society of Ontario (remember it used to be called the Law Society of Upper Canada but changed its name to now sound like a beer store) in its dealings with the designation of “certified specialist” for some of its members (apparently only two percent). Some months ago, a notice was provided to us certified specialists that as of Jan. 1, 2023, we had to drop that designation from all of our letters,

A recent decision shows how swift action can pay off when parental alienation is suspected in wrongful removal or retention cases, says Toronto family lawyer Michael Stangarone.

Guy Pratte's recent commentary in favour of in-person courtroom attendances continues the debate over this highly contentious issue. When I read his commentary, I was impressed by the quality of his written advocacy in favour of a return to in-person court. My first reaction though was disagreement with his position. However, upon rereading his views, we do agree on some very significant points although I still disagree on others.

It was late Friday afternoon and rather than feeling excited for the weekend, I was feeling deflated and angry after receiving a nasty letter from opposing counsel on a high conflict parenting file.

It's time to revisit the now ingrained principles applied in determining interim support. They are intended to provide a reasonable and acceptable solution to a difficult problem pending trial. Our courts talk about applying rough justice on such motions. Now let's talk reality.