by tweyman in BLOG, Case Commentary, family violence

Ahluwalia v. Ahluwalia: The Supreme Court Recognizes the Tort of Intimate Partner Violence

In Ahluwalia v. Ahluwalia, the Supreme Court of Canada recognized a new common-law tort of intimate partner violence. Writing for a six-judge majority, Kasirer J. allowed the appeal in part and set aside the portion of the Court of Appeal’s order that had declined to recognize a new tort. Karakatsanis J. concurred in the result […]

by tweyman in BLOG, Family Law Appeals

“I defaulted, now what?”: The Confusion Regarding Challenging Family Law Default Orders Continues

The Hilton case is yet another example of the continued confusion in the law with respect to how a party challenges an order made when in “default”. In other words, when one party has not filed an answer, had their pleadings struck, or otherwise did not participate, but wishes to get back into the case, […]

by Derrick Tulali in BLOG

Jaclyn Ben-ezra

by tweyman in BLOG, Parenting After Separation

What does alienation really mean in custody cases?

The word “alienation” is a buzzword that has been used more frequently in custody and access cases. Alienation generally involves one parent poisoning a child against another parent. Alienation has been described by one judge as a legal concept and not a mental health diagnosis. However, often experts are used to provide reports regarding alienation […]

by tweyman in BLOG

Vanleer v. Young: A “Tidbit” Case

Vanleer is a family law court of appeal decision with a number of issues that were appealed. Factually, it involves a husband and wife married in 2012 and with one child, born in 2013. The parties had a seven day trial which resulted in an Order on a number of issues in dispute. The first […]

by tweyman in BLOG

The Kent Family Home: Matrimonial Home or Resulting Trust?

Kent is an interesting decision by the court of appeal. While it contains somewhat unique facts, it is always helpful when the court of appeal clarifies issues in family law relating to a resulting trust. This case is particularly interesting because of its intersection with estates law. To summarize the facts in as short a way […]

by tweyman in BLOG, Separation Agreements, The Divorce Process

How do I get legally separated in Ontario?

In Ontario, there is no such thing as a “legal separation.” Whether you and your spouse or partner are separated is an issue of fact that you either agree on or gets decided by the court for the purpose of determining other issues in the case. Generally, when one person no longer wants or intends […]

by tweyman in BLOG, Preparing for Court

What is a case conference in family court?

A case conference in family law is often a first step in a family law court case in Ontario. The parties and their lawyers come to court and get input from a judge on their case. A case conference is not a trial and it is not a motion. It is more akin to a […]

by tweyman in BLOG, Family Law Appeals

How do I find a lawyer to appeal my divorce or family court case?

Not all family and divorce lawyers handle appeals. It is important to retain a lawyer with appeal experience and with a passion for the law. At Modern Family Law LLP, Michael H. Tweyman handles appeals and has been successful on appeals at all levels of courts in Ontario. He can help with all aspects of […]

by tweyman in BLOG, Family Law Appeals

How do I appeal a family court Order in Ontario?

Family court decisions can be appealed in Ontario. However, it is important to distinguish between a temporary and final decision. For a temporary decision, something called “leave” is required. This means that a panel of three judges has to give permission to appeal based on a specified test that is very hard to meet. On […]

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Ahluwalia v. Ahluwalia: The Supreme Court Recognizes the Tort of Intimate Partner Violence

“I defaulted, now what?”: The Confusion Regarding Challenging Family Law Default Orders Continues

Jaclyn Ben-ezra

What does alienation really mean in custody cases?

Vanleer v. Young: A “Tidbit” Case

The Kent Family Home: Matrimonial Home or Resulting Trust?

How do I get legally separated in Ontario?

What is a case conference in family court?

How do I find a lawyer to appeal my divorce or family court case?

How do I appeal a family court Order in Ontario?

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