Canada ratified the United Nations Convention on the Rights of the Child in 1991.  Recently, a lot of attention has been placed on the Convention’s concept of “the voice of the child” and the right of a child to be heard in cases like custody disputes. Article 12 of the Convention is of particular interest: […]Continue reading

Generally speaking a successful party is entitled to his or her costs.  Usually, those costs will be awarded on a partial indemnity basis.  A party can obtain higher costs on a “substantial indemnity” basis by making an offer to settle and doing as well or better than the offer.  A successful party can be awarded […]Continue reading

Image via Wikipedia Kanafani v. Abdalla is a decision of Justice Spies of the Superior Court.  In that case, Spies, J. found a sharia marriage performed in Ontario was not valid because it did not meet the requirements of the Marriage Act. Ontario courts will recognize a foreign marriage if it is valid under the […]Continue reading