PRACTICE AREA: Family

Parties were in relationship for eight years, but nature of relationship was at issue. Evidence was clear that parties dated for long time, but they never established common-law relationship.

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In action for annulment on ground of non-consummation, defendant could be deemed incompetent when refusing to submit to medical treatment or examination if non-consummation was established to court's satisfaction

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Fresh evidence disclosed that children continued to be very high needs for special services, monitoring and other forms of intervention; due diligence requirement for admission of fresh evidence was diminished here because evidence focused on ongoing nature of children's needs and behavioural challenges, as well as parents' ability to meet those needs

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Moses v. Stephens (2019), 2019 CarswellOnt 9717, 2019 ONCJ 412 (Ont. C.J.)

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Onus of establishing reasonable apprehension of bias was not discharged. Questions posed by court were straightforward and routine. Reasonable person would understand there was distinction between voir dire decision and final decision.

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This excerpt from the updated Family Law — General title examines Canadian law with regards to contracts to marry

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This excerpt from the updated Family Law — Property title examines Canadian law with regards to unjust enrichment and the presumptions of advancement and resulting trust

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How will the parents’ high-conflict relationship affect the determination to award custody and/or access, and specifically to award joint custody?

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Payments that wife received from annuity were properly treated as income for purpose of spousal support rather than family property.

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Father’s business travel and leisure abroad and large number of bank transactions created inference that father either had income abroad which was not disclosed or he was able to earn higher income

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Johnson v. Schubert (2018), 2018 BCSC 74, 2018 CarswellBC 77 (B.C. S.C.)

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Director of Child and Family Services apprehended child due to inability of mother to care for child

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