Bom v. Kim
In the attached recent Korean Hague case the issue was determining when the wrongful retention occurred when the father consented to a one year trip to Canada so that his son could learn English under the mother’s care. The mother shortly after the son’s birth in Korea agreed to relinquish custody to the father by written agreement. The son was cared for by the father and his family for 8 years. The child was 9 years of age when he travelled to Canada. The mother argued there was agreement that the child could stay 2 or 3 years in Alberta. She also filed a counterclaim for custody in Korea. The Court preferred the evidence of the father and the paternal aunt over that of the mother’s. The Alberta Court found in favor of the father and ordered the child’s return to Korea. Counsel for the father was Max Blitt QC.read document
Climans v. Latner
The Ontario Court of Appeal has held that a couple that never lived in the same home together, but went on holidays, held themselves out as a couple, where Mr. Latner showered Ms. Climans with gifts of jewelry, financially supported her, paid off her mortgage, and otherwise provided a lavish lifestyle for her, were cohabiting for the purposes of finding that Ms. Climans was entitled to over $50,000 per month spousal support for 10 years. Ms. Climans repeatedly refused to sign a PreNuptial Agreement, and Mr. Latner a very wealthy individual indicated that he would never marry her until she did sign such an Agreement. The Court also awarded Ms. Climans $277,868 in costs, a reduction from the trial judge’s award of $324,179.
Parties that believe they are only in a dating type relationship, as Mr. Latner argued, may want to consider whether they could be found liable to pay spousal support. There is a 3 year requirement in both Ontario and Alberta to be in a common law relationship before spousal support is payable.read document