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Court finds father’s motion to reduce support deliberate attempt to avoid his obligations

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In the recent case of Myers v. Myers, 2014 ONSC 1804 (CANLII), the husband/father had brought a motion seeking to change the child and spousal support ordered against him and to have all arrears rescinded. In response to this, the wife/mother brought a motion to have his motion either struck or to require the father to post security for costs in the amount of $25,000.

After 16 years of marriage, the couple separated and commenced family court proceedings. The court hearing ...

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Do the police really need a complainant to come forward before investigating the allegations against Jian Ghomeshi?

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Why is Chief Blair saying that he cannot investigate the allegations of sexual assault and sexual harassment against Jian Ghomeshi unless someone comes forward?  Read the article here.

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Credibility assessment wins the day in domestic assault trial

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In a case in which my client was acquitted of numerous serious domestic violence charges, the judge found serious credibility issues with the complainant in the case.  Read the article here.

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When criminal charges are used as a weapon in family court

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I’ve seen it too many times: Criminal charges being used by a spouse to gain leverage over his or her partner in family court. Unfortunately, this happens in far too many cases where the charges are simply false. The allegations are typically a claim of assault, sexual assault, or criminal harassment alleged to have been perpetrated against either the spouse making the allegation or against the children of the now disintegrating relationship.

For the unfortunate partner on the receiving end of these false allegations, he or she usually ends ...

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Drug Recognition Experts not receiving proper training

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The case of a man who was charged with impaired driving reveals there may be a “systemic problem” with the training of drug-evaluation police officers in Ontario. – Read the article here.

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Is safer communities’ legislation necessarily a good thing?

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The powers granted by safer communities’ legislation can lead to an invasion of privacy and constitutional rights without much accountability or due process… read the full article here.

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SCC critical of Truth In Sentencing Act

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It is the duty of the courts to ensure that the highest law of the land, the Charter of Rights and Freedoms, is not contravened – read the full article here.

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Drinking and driving appeal decision doesn’t address problematic reasoning by trial judge

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Toronto criminal lawyer Tushar Pain tells The Lawyers Weekly that it’s unfortunate the appeal judge who upheld a conviction in a drunk driving case didn’t address how the trial judge could have been satisfied that the demand for a breathalyzer had been made. Read the rest here.

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The state of the law on driving impaired by drugs

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Toronto criminal lawyer Tushar Pain writes in Lawyers Weekly that he hopes a definitive decision from a higher court will come soon on recent changes to the Criminal Code.  Read more here.

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