How Much Are Courts Awarding Victims of Intimate Partner Violence?
Until recently, if you were a victim of domestic abuse then your sources for a remedy were somewhat limited: You might look to the criminal law (to formally lay charges against the perpetrator), or you might pursue a civil action against them, for what often turns out to be a relatively modest damages award. But – in the right circumstances – that last part seems to be improving. The Supreme...
Tips for Surviving a High-Conflict Divorce in Ontario
If you are going through a high-conflict divorce, it might feel like the process is taking over every part of your life. In addition to your job and trying to manage your children’s day-to-day schedules, you might also be managing: constant communication problems or harassment from your Ex court appearances and related scheduling challenges the fallout in terms of your children’s emotional...
Navigating High-Conflict Divorce Involving Abuse Claims
If you’re already going through a high-conflict separation or divorce, then you may already be feeling overwhelmed, frightened, and downtrodden. But if your relationship with your Ex gives rise to allegations of abuse (also referred to as “Domestic Violence”, “Family Violence” or “Intimate Partner Violence”), then your fear will likely be heightened. That’s because situations involving abuse...
How to Avoid Invasion of Privacy During Divorce
The divorce process is stressful and emotionally charged. It can make former spouses – who were formerly committed and in love – behave very badly toward each other, and in ways that are out of character. This can look like one-upmanship, retribution, vindictiveness, or a scorched-earth approach to divorce litigation. It can involve conduct that is destructive, underhanded, and even contrary...
Text Messages and Harassment in Family Law
If you are in the midst of a contentious separation or divorce, it’s easy to get embroiled in a heated exchange of text messages with your spouse. All it takes is to pick up your phone, type out a few words, and … the shots are fired. It’s one way to vent your frustrations, but these exchanges can escalate rapidly. You may find your spouse texting you dozens of times in a row, or...
Is Tracking Your Spouse’s Phone, or Hacking Their Computer, Illegal?
If you’re going through a separation or divorce, you might be tempted to track your spouse’s phone. These days, it’s easier than ever; plenty of apps can be installed surreptitiously with a few clicks of an “install” button. They run unobtrusively in the background, and can reveal all kinds of information, including: Where your spouse has been, and where they are going in real-time Who they...
Criminal Charges in High-Conflict Canadian Divorces
Divorce is hard at the best of times. A high-conflict divorce is always extra challenging. But if one of the spouses has been charged with a criminal offence, then the stakes are higher and the complexities, greater. Here are some points to consider: Divorce Act Provisions on Family Violence We will assume that the criminal charges against one spouse stem from an incident of domestic...
The Canadian Law on “Family Violence” – It’s There to Help You
In the lives of some members of Canadian society, domestic violence is an unfortunate reality. These days, the more modern term is “Intimate Partner Violence” (IPV) or “Family Violence”, but the concept remains the same: It describes a prevalent form of gender-based violence, usually perpetrated by men against women. If you’re a victim of Family Violence, the good news is that Canadian Family...
Lessons Learned: Consequences of ‘Bad Faith’ Actions in Divorce Proceedings
Divorce proceedings often bring out the worst in couples, with some resorting to deceitful tactics to avoid their financial obligations. A recent case in Ontario sheds light on the severe consequences of such “bad faith” actions, highlighting the importance of honesty and integrity in legal matters. The Case: A Tale of Fraudulent Transfers and Deception In this case, a husband...