PRACTICE AREA: Family

An unjust enrichment is more than the exchange of mutual benefits arising from cohabitation or the sharing of expenses

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The phrase “joint family venture” denotes a particular model of domestic relationship. One might reasonably describe the acquisition and use of a residence in the context of a joint family venture, but it is incorrect to describe acquiring and using a piece of realty as a joint family venture.

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Two jurisdictions' recent decisions on assisted human reproduction and parentage.

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Does a person in a marriage-like relationship owe the other person a fiduciary duty with respect to the disposition of assets on death?

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Alienation of children from their mother was contrary to their best interests; Father's admitted conduct exposed significant behaviour disturbances and aggressive and controlling texts directed to mother were put before court as evidence.

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R.S. v. P.R. (2019), 2019 CSC 49, 2019 SCC 49, 2019 CarswellQue 8813, 2019 CarswellQue 8812

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Trial judge erred in duration of spousal support award and spousal support was ordered on indefinite basis; Although trial judge did not expressly make finding of entitlement on compensatory basis, he functionally did just that

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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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