Wu v. Yu 2022 ONSC 3661 is a recent case from the Superior Court of Justice involving an interim relocation of over 4,000 kilometers, from London, Ont., to Burnaby, B.C. In the decision, Justice Timothy Price provides an in-depth analysis of the new amendments to the Divorce Act regarding interim relocations and the shifting evidentiary burden of proof in these cases.

Despite the fact that the Child Support Guidelines have been with us tor approximately 25 years, certain issues continue to bedevil counsel and clients. In this article we remind readers that the Guidelines treat capital gains and losses in a manner different from that of the Income Tax Act. This fact and others relating to treatment under the Guidelines often come as a surprise to clients. We provide details below to assist counsel in advising clients.

Gary Joseph was recently cited in this decision by the Supreme Court of Canada. To review the decision and citation click the link below:

I am a big fan of AJ Jakubowska. I have known her for years and believe her to be an excellent lawyer and mediator. However, being a fan does not mean agreeing with everything said and I most certainly take issue with AJ's most recent article ("Tips for undermining a mediation even before it starts") in this publication. Within her "tongue in cheek" article dealing with how to undermine a mediation is the following statement "advocacy has no place in mediation." What? Really?

The Superior Court decision in Ahluwalia v. Ahluwalia, 2022 ONSC 1303, has expanded the use of tort law in family law proceedings. I expect this ruling (presently under appeal), if left intact after appeal, will see an increase in the claims for damages in family law disputes.I have no comment on the appropriateness of this award in this particular case but the decision (in addition to the Court of Appeal decision in the now well-known case of Leitch v. Novac, 2020 ONCA 257)

The Johnny (Depp) and Amber (Heard) show is the talk of the town. Each day their televised defamation trial offers salacious details of an obvious dysfunctional relationship. Once again, the debate over TV in our courts has raised its ugly head, driven likely by the unrelenting need in our society for more and more intrusion into our private lives.

For the most part change is a good thing. More specifically and germane to this piece, changes in the practice of law since I was called appear to me to be mostly positive, but I still regret some. I try so hard to avoid sounding like some old dinosaur lamenting the old ways of practice, but sometimes I just can’t help it. I am what I am, and I say what I think. So here goes ...

There are various and complex legal issues which can arise for family law practitioners in matters involving cross-borderfamilies. The issues can be extreme, such as matters involving international child abduction, or involve less conflict, but arenonetheless issues to which family law lawyers must turn their minds. One of the most extreme cross-border issues is that involving international child abduction. This often involves an allegation that a child has been wrongfully re

In the recent case of Hendriks v.Hendriks 2022 ONCA 165, the Court of Appeal addressed the issues of variation in spousal support and child support following a post separation increase in income, as well as child support payable for children above the age of majority pursuing post-secondary education.

In the recent case of Ontario (Family Responsibility Office, Director) v. Bougrine [2022] O.J. No. 939, the Ontario Court of Appeal addressed whether an Ontario court could make a support order when such an order already exists in Finland, but that order is unenforceable in Ontario because it has been set aside by an Ontario court.

This article was written by Michael Stangarone & Stephen Kirby.

Stephen Kirby, an Associate at MacDonald & Partners sheds light on how to best serve a client's interests and shares what makes practicing family law so interesting.

Big week in family law as the Divorce Act amendments come into effect. MacDonald & Partners LLP Family Law Lawyer Kristy Maurina joins Alan Carter at Global News to talk about the new regulations around domestic violence in divorce. Catch the start around 16:20.

Finding of fraudulent conveyance in a family law proceeding and rare vesting order hands non-compliant ex-husband’s share of the matrimonial home to former spouse

RESP order shows scope for creativity in family law costs awards

Spousal support obligations following retirement are set to become a hot topic as Boomers head towards the end of their working lives, says Toronto family lawyer William Abbott.

A recent Superior Court judgment shows former spouses may struggle to reduce their support obligations if they are at fault for their own income loss, says Toronto family lawyer Stephen Kirby.