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Court of Appeal Overturns Judge Who Dismissed a Case Nobody Asked to Dismiss
McDonald v. Robb, 2025 ONCA 71 (Court of Appeal for Ontario) A Property Claim Dismissed Without Anyone Asking Grace McDonald had a claim for adverse possession over lakefront property. The case was moving through the courts with various motions from both sides. A scheduling order was made in November 2023 setting filing deadlines. On January 19, 2024, the parties appeared before the motion judge. The respondent was requesting a timetable for the outstanding matters and potent
Ken Wise
Mar 182 min read
Court of Appeal Upholds Trial Judge's Finding on Date of Separation in Family Law Dispute
Alsous v. Shahin, 2024 ONCA 358 (Court of Appeal for Ontario) When the Date of Separation Determines Everything In family law, the date of separation can have enormous financial consequences. It determines the valuation date for the division of property, the duration of spousal support obligations, and the scope of assets that fall within the equalization calculation. In this case, the parties fundamentally disagreed about when their marriage had ended — the wife argued it wa
Ken Wise
Mar 182 min read
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