Fiorito v. Wiggins

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Citation2015 ONCA 729
Date30 October 2015
Subject MatterCOURTS,PRACTICE,FAMILY LAW

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31 practice notes
  • Court Of Appeal Summaries (January 19 ' 23, 2026)
    • Canada
    • Mondaq Canada
    • January 27, 2026
    ...574, Mohr v. Sweeney, 2016 ONSC 3238, Castillo v. Xela Enterprises Ltd., 2024 ONCA 141, Carey v. Laiken, 2015 SCC 17, Fiorito v. Wiggins, 2015 ONCA 729, Morasse v. Nadeau-Dubois, 2016 SCC 44, Chong v. Donnelly, 2019 ONCA 799, Follows v. Follows (1998), 41 R.F.L. (4th) 248 (Ont. C.A.), Colle......
  • Court Of Appeal Summaries (July 12-16)
    • Canada
    • Mondaq Canada
    • July 21, 2021
    ...that expanded on trial issues. The respondent could file the therapist's report, as per the Court's decision in Fiorito v. Wiggins, 2015 ONCA 729. In this case, the therapist's report provided some comfort that the measures that were ordered were underway and have gone a considerable distan......
  • Chapter 10: Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Canadian Family Law (Tenth Edition)
    • April 14, 2025
    ...transferring [primary care of the children] because of parental alienation, without expert evidence on that issue: Fiorito v. Wiggins, 2015 ONCA 729 (Can [36] Some expert assessments may be very helpful to a trial judge, but they are not a prerequisite to making the order the trial judge th......
  • Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2020 ONSC 4396 at para 66. 653 654 Canadian family law parental alienation, without expert evidence on that issue: Fiorito v. Wiggins, 2015 ONCA 729 (Can [36] Some expert assessments may be very helpful to a trial judge, but they are not a prerequisite to making the order the trial judge th......
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22 cases
  • M.A.B. v. M.G.C.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 22, 2022
    ...of the May 30, 2019 order.   This was a reasonable position to take, as the Ontario Court of Appeal held in Fiorito v. Wiggins, 2015 ONCA 729 (C.A.) that an order for contempt can only be granted if the order in question remains live and operative as of the date of the contempt he......
  • Leelaratna v. Leelaratna
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 10, 2018
    ...etc.). [48] Although the issue of jurisdiction was not specifically discussed by the Ontario Court of Appeal in Fiorito v. Wiggins, 2015 ONCA 729, 69 R.F.L. (7th) 5, it is important to note that the court found no error in the trial judge’s decision to limit the alienating mother's access t......
  • Heath-Breakspear v. Breakspear
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • January 8, 2017
    ...(Superintendent of Family & Child Services (1988), 23 B.C.L.R. (2d) 329, 48 D.L.R. (4th) 469 (C.A.); Fiorito v. Wiggins, 2015 ONCA 729; L. (N.) v. M. (R.R.), 2016 ONSC 809; M. (L.C.) v. S. (J.N.), 2008 ABQB 459; Yassin v. Loubani, 2006 BCCA 509; Atout v. Atout, 2016 ONSC STATUTES C......
  • Neshkiwe v. Hare
    • Canada
    • Ontario Court of Justice General Division (Canada)
    • March 19, 2020
    ...Order, there is “no order outstanding in respect of which the trial judge could find the mother in contempt”. See Fiorito v. Wiggins, 2015 ONCA 729 ¶ 17. [455] In this case, while I am continuing the Order that the children are to be returned to Toronto, I am not ordering the children to be......
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3 firm's commentaries
  • Court Of Appeal Summaries (January 19 ' 23, 2026)
    • Canada
    • Mondaq Canada
    • January 27, 2026
    ...574, Mohr v. Sweeney, 2016 ONSC 3238, Castillo v. Xela Enterprises Ltd., 2024 ONCA 141, Carey v. Laiken, 2015 SCC 17, Fiorito v. Wiggins, 2015 ONCA 729, Morasse v. Nadeau-Dubois, 2016 SCC 44, Chong v. Donnelly, 2019 ONCA 799, Follows v. Follows (1998), 41 R.F.L. (4th) 248 (Ont. C.A.), Colle......
  • Court Of Appeal Summaries (July 12-16)
    • Canada
    • Mondaq Canada
    • July 21, 2021
    ...that expanded on trial issues. The respondent could file the therapist's report, as per the Court's decision in Fiorito v. Wiggins, 2015 ONCA 729. In this case, the therapist's report provided some comfort that the measures that were ordered were underway and have gone a considerable distan......
  • Court Of Appeal Summaries (October 26, 2015 – October 30, 2015)
    • Canada
    • Mondaq Canada
    • November 10, 2015
    ...did not have a pecuniary interest in the litigation, this alone was not enough to excuse it from having to pay costs. Fiorito v Wiggins, 2015 ONCA 729 [Feldman, Juriansz and Brown D. Wowk and M. DeGroot, for the appellant B. Ludmer, for the respondent Keywords: Family Law, Civil Procedure, ......
3 books & journal articles
  • Chapter 10: Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Canadian Family Law (Tenth Edition)
    • April 14, 2025
    ...transferring [primary care of the children] because of parental alienation, without expert evidence on that issue: Fiorito v. Wiggins, 2015 ONCA 729 (Can [36] Some expert assessments may be very helpful to a trial judge, but they are not a prerequisite to making the order the trial judge th......
  • Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2020 ONSC 4396 at para 66. 653 654 Canadian family law parental alienation, without expert evidence on that issue: Fiorito v. Wiggins, 2015 ONCA 729 (Can [36] Some expert assessments may be very helpful to a trial judge, but they are not a prerequisite to making the order the trial judge th......
  • Parenting Arrangements after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...a trial judge’s decision transferring custody because of parental alienation, without expert evidence on that issue: Fiorito v. Wiggins, 2015 ONCA 729 (Can [36] Some expert assessments may be very helpful to a trial judge, but they are not a prerequisite to making the order the trial judge ......