This case involves a decision by the Ontario Superior Court of Justice to order the husband to pay costs, based on his continual delays in providing financial disclosure. BACKGROUND The parties were married for 27 years and had three adult children. The husband was a successful insurance underwriter with interests in a number of corporations. [...]

This case deals with a motion brought by the respondent/wife for imputations of income to the applicant/husband, temporary spousal and child support and interim disbursements. The respondent/wife is asking the court to impute income to the applicant/husband in the amount of $325,000.00 and from there, make temporary orders for child support in the amount of [...]

An important aspect of many family law matters is the exchange of financial disclosure.  The information pertaining to an individual’s annual income, as well as information pertaining to his or her assets and liabilities as at the date of marriage and the date of separation, is required to properly quantify child and spousal support obligations, [...]

This decision which was released by the Ontario Court of Appeal on February 7, 2012, affirms the long standing principle that appeal judges are not trial judges and, as such, they will rarely review and weigh fresh evidence or consider it when making a determination regarding an appeal.  Rather, appeal judges will defer to the [...]

In this case the Ontario Superior court was faced with determining an order for costs.  This case is an excellent demonstration in what will guide a court in making an award for damages. Ms. Borowski was awarded sole custody of the couple’s six year old daughter. She was also given permission by the court to [...]

In this case the court dealt with a number of issues concerning costs.  It demonstrates just how quickly costs can build up in a court case. The couple settled most of their issues in a settlement, but a five day trial was held to determine an equalization payment based on the division of the wife’s [...]

The following decision deals with the issues of child support and the enforcement of an extra-provincial order. When the parties separated in 2002 they were residing in Florida with their two children, Justin and Kassandra. That same year the mother obtained orders for custody and support of the children and relocated with them to Ontario. [...]

This case was a long motion heard by Justice Ellen MacDonald in the Ontario Superior Court of Justice in Toronto. The Applicant wife, Rachelle Tauber, was seeking to have her husband’s lawyer removed as the solicitor of record for the Respondent husband in their matrimonial matter. Ms. Tauber alleged that retaining the husband’s lawyer created [...]

In this case, the Court was faced with the issue of costs awards regarding a dismissed motion. The Wife won the motion and her lawyer had presented a Bill of Costs claiming substantial indemnity fees of $6,970.00. In the alternative, the Wife’s lawyer claimed partial indemnity fees of $4,637.00. The Bill of Costs basically means [...]

Mr. Mitchell (“father”) brought an application under the Hague Convention to have his son returned to Florida from Canada. On February 4, 2009, the judge granted him his application determining that the child, born in April 1998, had been wrongfully removed from Florida by Ms. Mitchell (“mother”). This case deals with costs as the father [...]