Posts
Mar 4
Don't see this often: Costs of successful litigant, here mother, on choice of school for 10yo, denied costs where other conduct "troubling and egregious": Walkington v. Caruana, 2026 ONCJ 43 https://canlii.ca/t/khwlx Related 1(8) motion: 2025 ONCJ 543 https://canlii.ca/t/kg23q
Mar 2
Hague Abduction cases are now expedited, but that doesn't mean they can't be lengthy. Here (Morocco), everything contested, even OCL had own expert. On video evidence, 'custodial rights', grave harm, 5yo wishes, more: Maarif v. El Fazazi, 2026 ONSC 977
Feb 27
Tort Watch: Court needs to be “particularly attentive” of Intimate Partner Violence (IPV) wrt limitation period, res judicata (action estoppel), abuse of process need trial. Here emotional distress claim made after Famlaw case: Malamas v Wey 2026 ONCA 133 https://coadecisions.ontariocourts.ca/coa/co...Read more
Feb 27
Not famlaw, very much famlaw: *Presumption* of resulting trust only used where no clear evidence. Here, dispute bt parents and adult child over parents payment on house close determined on realtor's evidence of parent's intent: Lalli v Lalli, 2026 ONCA 123 https://buff.ly/mQLeRus
Feb 27
Game changer: where party seeks court indulgence, here time extension per FLA 2(8), court **required** to take R1(8) non-compliance into account per Primary Objective; On interpretation of scope of foreign separation agreement: Chen v Zhang 2026 ONCA 137 https://coadecisions.ontariocourts.ca/coa/coa...Read more