The Use of Expert Evidence in Court: Rosati v. Reggimenti 2016 ONSC 7013

In this recent Superior Court of Justice decision, the Court undertook a detailed analysis of the use of expert evidence in Court, and to what extent apparent prejudicial or biased evidence should be permitted. The importance of the expert evidence to the core of the matter at hand will have a critical role in determining whether expert evidence should be admitted.
Read More

Children’s habitual residence: Balev v. Baggott, 2016 ONSC 55

In April 2013, the parties separated and agreed that the Appellant mother would take the children to Ontario where the children would attend school. The Respondent father executed a consent letter whereby the children would have to return to Germany by August 15, 2014. The Respondent’s letter further granted the Appellant “temporary” physical custody of the children until that date. The children and the Applicant traveled to Ontario on April 19, 2013.
Read More

Critique Evidence of Expert Assessment is Inappropriate

The parties never married but had a toxic on-again/off-again relationship with significant domestic violence and substance abuse issues. They had a six year old son who had spent most of his life embroiled in the midst of their parenting dispute. The main issue at trial was whether the father should have overnight access since the boy lived primarily with the mother.
Read More