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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-13-2019, 11:06 AM
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Default How is school time allotted when determining 40% threshold

We often discuss in the forum what counts as "time" with regards to the 40% threshold. I recently read a very complete look at the subject:

https://www.canlii.org/en/on/onsc/do...9onsc6060.html

Summary: Because the agreement was voluntary, the judge looked at the intent of the parties. Since the intent was shared custody, he assigned the school time to both parties.

However: Judge did point out reasons as to why one parent might be credited with the school time over the other.
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Old 11-16-2019, 06:10 AM
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Very interesting. The judge relied on case law that is inter-jurisdictional. Nice. I wish they did this more often.

This judge is very well-read when it comes to case law. Even cited Czutrin. Looking forward to reading more case law from this judge!
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Old 11-17-2019, 09:02 PM
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How can this judge preside over family matters if he never practiced family law in his 31 year carrier?

https://www.therecord.com/news-story...tchener-judge/

"Broad, 58, has been practising law for 31 years. He’s been with the Siskinds law firm in London since 2002.
He focused on resolving commercial and business disputes. He also practiced municipal and administrative law, construction law and alternative dispute resolution."


Also never heard of a decent family law judge up North way. All of them for some reason are out west (Hamilton, Kitchener).
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Old 11-18-2019, 02:06 PM
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wow. I just noticed who the Judge is...he was a good friend and colleague when I practiced in London, ON.

We worked on many files together. He is exceptionally smart, measured, and practical in his arguments. The family courts are lucky to have him.
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