Hammerschmidt v. Hammerschmidt, [2013] O.A.C. Uned. 181 (CA)
| Jurisdiction | Ontario |
| Judge | Blair, Juriansz and Tulloch, JJ.A. |
| Citation | [2013] O.A.C. Uned. 181 (CA),2013 ONCA 227,[2013] O.A.C. Uned. 181 |
| Court | Court of Appeal (Ontario) |
| Subject Matter | CRIMINAL LAW,FAMILY LAW,GUARDIAN AND WARD,PRACTICE |
| Date | 08 April 2013 |
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8 practice notes
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Court Of Appeal Summaries (August 8, 2022 ' August 12, 2022)
...section 46(2), Family Law Rules, O. Reg. 114/99, Office of the Children's Lawyer v. Balev, 2018 SCC 16, Hammerschmidt v. Hammerschmidt, 2013 ONCA 227, Hughes v. Hughes, 2014 BCCA 196, Ojeikere v. Ojeikere, 2018 ONCA 372 Tega Homes (Attika) Inc. v. Spencedale Properties Limited, 2022 ONCA 58......
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Beairsto v. Cook, 2018 NSCA 90
...untainted by error in law or principle (see Office of the Children’s Lawyer v. Balev, supra at para. 38; Hammerschmidt v. Hammerschmidt, 2013 ONCA 227 at para. [94] With these principles in mind, I will apply the hybrid approach to determine the child’s habitual residence immediately prior ......
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J.M. v. I.L., 2020 NBCA 14
...untainted by error in law or principle (see Office of the Children’s Lawyer v. Balev, […] at para. 38; Hammerschmidt v. Hammerschmidt, 2013 ONCA 227 at para. 5). [paras. [8] In my view, the trial judge did apply the correct test to determine the child’s “habitual residence.” As stated by th......
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Cuende v. Tabalujan, [2015] B.C.T.C. Uned. 37 (SC)
...v. Wooff (2004), 242 D.L.R. (4th) 385 (BCCA) at para. 8, 108 OAC 376. [29] Similarily, in A.H. v. F.S.H . (C.) , 2013 ONSC 1308, aff'd 2013 ONCA 227, Kruzick J. said: [52] For the meaning of "settled intention" counsel for the mother referred me to R. v. Barnet London Borough Coun......
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7 cases
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Beairsto v. Cook, 2018 NSCA 90
...untainted by error in law or principle (see Office of the Children’s Lawyer v. Balev, supra at para. 38; Hammerschmidt v. Hammerschmidt, 2013 ONCA 227 at para. [94] With these principles in mind, I will apply the hybrid approach to determine the child’s habitual residence immediately prior ......
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J.M. v. I.L., 2020 NBCA 14
...untainted by error in law or principle (see Office of the Children’s Lawyer v. Balev, […] at para. 38; Hammerschmidt v. Hammerschmidt, 2013 ONCA 227 at para. 5). [paras. [8] In my view, the trial judge did apply the correct test to determine the child’s “habitual residence.” As stated by th......
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Cuende v. Tabalujan, [2015] B.C.T.C. Uned. 37 (SC)
...v. Wooff (2004), 242 D.L.R. (4th) 385 (BCCA) at para. 8, 108 OAC 376. [29] Similarily, in A.H. v. F.S.H . (C.) , 2013 ONSC 1308, aff'd 2013 ONCA 227, Kruzick J. said: [52] For the meaning of "settled intention" counsel for the mother referred me to R. v. Barnet London Borough Coun......
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Abernethy v. Peacock, [2013] O.T.C. Uned. 2045
...well-established principle was again reinforced by the Ontario Court of Appeal in the recently decided Hammerschmidt v. Hammerschmidt , 2013 ONCA 227, at paragraph 7, where the court noted, "the application judge need not comment on every piece of evidence." While the trial judge did not sp......
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1 firm's commentaries
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Court Of Appeal Summaries (August 8, 2022 ' August 12, 2022)
...section 46(2), Family Law Rules, O. Reg. 114/99, Office of the Children's Lawyer v. Balev, 2018 SCC 16, Hammerschmidt v. Hammerschmidt, 2013 ONCA 227, Hughes v. Hughes, 2014 BCCA 196, Ojeikere v. Ojeikere, 2018 ONCA 372 Tega Homes (Attika) Inc. v. Spencedale Properties Limited, 2022 ONCA 58......