This Week in Family Law Newsletter

Breaking News We reported on the Ontario Court of Appeal's decision in Mehralian v. Dunmore (2023), 94 R.F.L. (8th) 255 (Ont. C.A.), in the February 26, 2024 (2024-07) edition of TWFL. As a reminder, the Court of Appeal dismissed the father's appeal from an order dismissing his motion seeking the return of the parties' child to Oman, and dismissed the mother's appeal from an order recognizing the validity of the parties' Omani divorce. The father sought leave to appeal to the Supreme Court of Canada and, on June 13, 2024, the court granted leave (it does not appear that the mother sought leave). While we have not reviewed the father's leave materials, we expect that one of the issues the Supreme Court of Canada will want to address on the appeal is whether its decision in Office of the Children's Lawyer v. Balev (2018), 5 R.F.L. (8th) 1 (S.C.C.) dealing with habitual residence under the Hague Convention applies equally in non-Hague cases. With the Supreme Court's decision to grant leave to appeal in Ahluwalia v. Ahluwalia (2023), 88 R.F.L. (8th) 1 (Ont. C.A.), and now its decision to grant leave in Mehralian, 2024 is shaping up to be a busy year for family law at the Supreme Court!

How to Punish a Recalcitrant Spouse: Give Them Half a House?

Cohen v. Cohen (2024), 99 R.F.L. (8th) 288 (Ont. C.A.) — Nordheimer, Copeland and Dawe JJ.A.

Money is Great Security — Unless There's No Money

Anand v. Anand (2024), 99 R.F.L. (8th) 8 (Alta. C.A.) — Antonio J.A.

If You Still Get "Mortgagor" and "Mortgagee" Confused . . . Remember that the "Mortgagee" Has the Money

Alkahlout v. Abbood, 2024 CarswellOnt 5368 (Ont. S.C.J.) — Mitrow J.

To read the full newsletter of Franks & Zalev - This Week in Family Law (Issue 24-23) click here.