Depression and Psychological Trauma

In Divorce Litigation

Peter Karl Roscoe

Nov 2008

Contents

page

Introduction 1

Summary of Data 1

Conclusions 4

Appendix A Summary of Cases 5

Appendix C Case Excerpts 18

Depression and Psychological Trauma in Divorce Litigation

Introduction

Divorce may be one of the most emotional episodes in a persons life. Some people are affected to such an extent that they may become incapacitated or even commit suicide. Children are also affected to various degrees. Spouses who do not agree on terms of divorce are made to undergo a complex and costly adversarial procedure which can increase the stresses considerably. Their very futures, and those of their children, hanging in the balance. Often incomes are dimished and expenses high, adding financial stresses. At what could be the worst moments of their lives, spouses may be subject to a process which increases stress and acrimony. At a time when they are likely in the poorest shape for dealing with it.

The cases listed below contain 244 examples of claims of depression and psychological trauma associated with divorces in Ontario. Most litigants provided evidence of medical certification. Many blame the divorce process itself as being a major cause. The large number of cases would indicate trauma is a common complaint in divorce. From a comparative standpoint, these cases were found to be almost as common as claims of domestic violence, and orders for income imputation. Judicial responses are inconsistent. Surprisingly judges often deny medical evidence or claim it is not substantive. They may penalize litigants or impose deadlines for recovery. Major traumas might result in joint custodies to maximize the chances of the children having a proper caregiver, or the denial of access to the affected. Financial aspects are often disputed on these grounds. Lowered income performance may receive relief, or a payor may be imputed back to some optimal predivorce levels. Even separation agreements can become contested on the grounds one party was not in proper mental shape to make an equitable agreement. The cases examined in this study were taken from the Canlii legal network, and are listed n Appendix A. Excerpts from these cases may be found in Appendix B

Summary of Data

Results of Depression

1 Total Depression Cases

2 Suicide Attempts

3 Commitals

4 Hospitalizations

5 Suicide Threats

Men	95 ( 38.9 % )	10 ( 31.3% )	10 ( 52.6 % )	10 ( 33.3 % )	5 ( 41.7 % )
Women	121 ( 49.6 % )	19 ( 59.4 % )	9 ( 47.4% )	20 ( 60.0 % )	4 ( 33.3 % )
Children	28 ( 11.5 % )	3 ( 9.3% )	0 ( 0.0 % )	2 ( 6.3 % )	3 ( 25.0% )

Total	244 ( 100 % )	32 ( 100 % )	19 ( 100 % )	32 ( 100 % )	12 ( 100 % )

Custody

1 Number of Cases Where a Depression Person Has Children

2 Number of Cases Where a Depression Person Has Sole Custody

3 Number of Cases Where a Depression Person Has Joint Custody

4 Number of Cases Where a Depression Person Is Non Custodial

Men	55 ( 100.0 % )	7 ( 12.7 % )	7 ( 12.7 % )	41 ( 74.5 % )
Women	63 ( 100.0 % )	31 ( 49.2 % )	11 ( 17.5 % )	11 ( 33.3 % )

Total	118 ( 100.0 % )	38 ( 32.2 % )	18 ( 15.3 % )	52 ( 44.1 % )

Support Payors and Recipients

1 Number of Cases Where a Person Claiming Depression Pays or Recieves Support

2 Number of Cases Where a Person Claiming Depression Recieves Support

3 Number of Cases Where Where a Person Claiming Depression Pays Support

Men	68 ( 100.0 % )	7 ( 10.3 % )	61 ( 89.7 % )
Women	88 ( 100.0 % )	77 ( 87.5 % )	11 ( 12.5 % )

Total	156 ( 100.0 % )	84 ( 53.9 % )	72 ( 46.1 % )

Variation of a Depressed Payors Support Payments

1 Number of Variations Sought

2 Number of Cases Where a Payor Claiming Depression Support is Reduced

3 Number of Cases Where a Payor Claiming Depression Support is Unchanged

4 Number of Cases Where a Payor Claiming Depression Support is Increased ( includes imputed income, retroactive arrears, lump sums, and cost penalties )

Men	45 ( 100 % )	11 ( 24.4 % )	6 ( 13.3 % )	28 ( 62.2 % )
Women	5 ( 100 % )	0 ( 0.0 % )	0 ( 0.0 % )	1 ( 100 % )

Total	50 ( 100 % )	11 ( 22.0 % )	7 ( 14.0 % )	29 ( 58.0 % )

Variation of a Depressed Recipients Support Payments

1 Number of Ba a Variation is Sought

2 Number of Cases Where a Recipient Claiming Depression Support is Reduced

3 Number of Cases Where a Recipient Claiming Depression Support is Unchanged

4 Number of Cases Where a Recipient Claiming Depression Support is Increased ( includes imputed income, retroactive arrears, lump sums, and cost penalties )

Men	3 ( 100 % )	1 ( 33.3 % )	0 ( 0.0 % )	2 ( 66.7 % )
Women	51( 100 % )	4 ( 7.8 % )	10 ( 19.6 % )	37 ( 72.5 % )

Total	54 ( 100 % )	5 ( 9.3 % )	10 ( 18.5 % )	39 ( 72.2 % )

Support Paid by Depressed Male Payors

N = 52 mean = 1268 median = 804

125.0 157.0 250.0 294.0 305.0 371.0 390.0 435.0 440.0 446.0 446.0 466.0 468.0 474.0 500.0 550.0 555.0 600.0 601.0 650.0 689.0 699.0 713.0 718.0 750.0 750.0 857.0 925.0 1000. 1000. 1000. 1116. 1200. 1300. 1448. 1500. 1500. 1550. 1675. 1750. 1961. 1965. 2048. 2304. 2500. 2613. 2760. 2772. 2805. 2989. 4500. 6050

Support Paid by Depressed Female Payors

N = 10 mean = 661 median = 437

49.00 188.0 400.0 421.0 427.0 446.0 452.0 1000. 1000. 2226

Support Recieved by Depressed Males

N = 5 mean = 796 median = 396

244.0 250.0 396.0 1000. 2090

Support Recieved by Depressed Females

N = 65 mean = 2071 median = 1500

125.0 156.0 200.0 200.0 350.0 450.0 633.0 650.0 734.0 800.0 816.0 894.0 935.0 950.0 950.0 1000. 1000. 1000. 1000. 1024. 1050. 1100. 1200. 1200. 1200. 1200. 1223. 1250. 1357. 1394. 1400. 1448. 1500. 1600. 1750. 2000. 2000. 2000. 2000. 2000. 2000. 2100. 2100. 2200. 2250. 2395. 2400. 2500. 2500. 2600. 2600. 2700. 2772. 2779. 2844. 2950. 3250. 3500. 4082. 4600. 5500. 5751. 6000. 6500. 1.2000E+04

Conclusions

The data shows that men are approximately 40 % of depression and psychological trauma cases. Suicides attempts and hospitalizations each resulted in 13 % of these cases. Women accounted for approximately 2/3 in both categories. Commitals and suicide threats occurred in less than 10 % of cases. They were fairly evenly distributed between men and women. Considering that all who made suicide attempts must of also been at least briefly assesed in a pschiatric facility, 69 of 244, or 28 % of those claiming depression or trauma on divorce, wound up having at least a brief visit to a mental hospital.

118 cases were observed were depressed divorcing litigants had children. 67 % of women had sole or joint custody compared to 25 % of men. 4 times as many women had sole custody as men and 4 times as many men were non custodial. The database showed 8 custody changes were a custodial or joint custodial parent was changed to non custodial. All were against women

156 cases were observed where a depressed person paid or received support. Almost 90 % of payors were men and 90 % of recipients women. There were 50 cases where a depressed payors payments were sought to be varied. The support orders of 25 % of male payors were varied lower and 75 % were raised. All female payor orders were varied upwards. There were 54 cases where a depressed recipients payments were sought to be varied. The support orders of 33 % of male payors were varied lower and 66 % were either unchanged or raised. All female recipient awards were lowered, 20 % unchanged and 72 % raised. Males paid twice as much support as females, and females received approximately triple the support of males

It must be concluded that females suffering from depression and psychological trauma related to divorce received far more relief from the courts than males.

Appendix A Summary of Depression and Psychological Trauma Cases

1 Sex of Depressed Person W Woman M Man C Child

2 Result of Depression S Suicide Attempt C Comittal H Hospitalization

T Other Suicide Ideation

3 Support Payor or Recipient P Payor R Recipient

4 Support Order 1 Varied Lower 2 Not Varied 3 Varied Higher

5 Amount of Support Order ( in $’s per month )

Case

Description

A.C. v. The CAS of Ottawa (CFSA s.68), 2008 CFSRB 13 (CanLII)	C						Child suffers fdrom depression
A.F. v. I.V., 2006 CanLII 727 (ON S.C.)	W		C N	P	3	421	Woman makes numerous false allegations,custody reversd to father and supervised access
A.I. (Re), 2006 CanLII 52802 (ON C.C.B.)	W	C					Woman is involuntarily committed
A.L.P. v. R.A.A., 2007 CanLII 48659 (ON S.C.)	W		N		3	X	Mother diagnosed with depression and drug addiction, father has custody and mother does not pay support, 10 K costs
A.M.P. v. M.A.P., 2008 CanLII 53852 (ON S.C.)	C						Therapy ordered for child
A.N. v. M.A.Z., 2006 CanLII 12316 (ON S.C.)	M		N	P	2	1675	Man claims lowered income due to stress, imputed income, arrears
Abdilla v. Abdilla, 2004 CanLII 35086 (ON S.C.)	M		N	P	3	446	Man recieves psychiatric treatment and antidepressants, imputed intentionally unemployed
Adamski-Chisholm v. Chisholm, 2006 CanLII 51169 (ON S.C.)	M		J	P		435	Offset child support and .7 expenses of $ 435 per month, interim spousal support of $ 500 per month rescinded
Aitken v. Aitken, 2003 CanLII 2050 (ON S.C.)	C						Children suffer from depression , daughter on medication and son to be assessed
Albuquerque v. Albuquerque, 2007 CanLII 4306 (ON S.C.)	W	H	X			X	Wife claims husband harassed her after separation causing her problems,admitted to hospital 3 times for panic attacks, unable to work, no interim support order
Ali v. Williams, 2008 CanLII 13609 (ON S.C.)	M		N	P	3	2304	Mans doctor says he’s unable to work, man quits job, 3.8 K spousal lump sum, $ 900per month spousal support, $ 1404 child support, 13.4 K arrears
Alousis, Re, 2000 CanLII 22493 (ON S.C.)	M		N	P		650	Man suffers from depression,goes bankrupt, pays $ 650 per month support
Andrade v. Kennelly, 2006 CanLII 20845 (ON S.C.)	M	H	J	R		2090	Man is admitted to psychiatric hospital, joint custody, wife pays $ 2090 child support per month
Aneziris v. Aneziris, 2007 CanLII 250 (ON S.C.)	M		N	P	3	857	Man has been having psychiatric counselling for 3 years, psychiatrist says he can’t work, imputed income, $ 651 child support $ 207 spousal support
Armstrong v. Armstrong, 2004 CanLII 12100 (ON S.C.)	M		N	P	3	699	Wife claims man is fit to work but not fit to be with children, man has not had recent access to children, imputed income, retroactive arrears of 24 K
Arnold v. Arnold, 2004 CanLII 5026 (ON S.C.)	M	T	X	P		550	There have been concerns about man committing suicide, $550 per month spousal support
B.A. (Re), 2008 CanLII 7372 (ON C.C.B.)	M	C				X	Man is involuntarily committed,delusional, severes ties with 18 year old daughter
B.J.F. v. B.M.A., 1999 CanLII (ON S.C.)	W		C	R	3	734	Wife was so severely depressed she could not understand separation agreement, $734 per month child support and 32 k retroactive arrears
Bascello v. Bascello, 1995 CanLII 7359 (ON S.C.)	W		N	R		1000	Wifes doctor files a report wife is depressed because children move in with father, pension benefit split wife gets 29 K, 5 K prejudgment interest, 24 months of spousal support at 1 Kper month
Beal v. Beal, 2005 CanLII 30326 (ON S.C.)	M		N	P	3	750	Man is under doctors treatment, deserted wife and children, imputed income, $ 750 per month spousal support, 19.8 K arrears, 22.4 K costs
Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)	M	S	N	P	3	1750	Man claims he cannot work until court proceedings are over, imputed intentionally unemployed, $300 per month child support, 1450 per month spousal support,
Belanger v. Belanger, 2005 CanLII 25110 (ON S.C.)	W		C N	P		400	Wife diagnosed with clinical depression has custody until children move in with her mother,wife agrees to pay mother $ 400 per month, court does not order husband to pay
Belcastro v. Belcastro, 2004 CanLII 10991 (ON S.C.)	M		C	P	3	1116	Mans psychiatrists report not valid, 1.1 K per month child support, 19K retroactive arrears to be set off against equalization
Benac v. Benac, 1997 CanLII 1752 (ON C.A.)	W	H	N				Wife is hospitalized twice, father gets interim custody, changed to sole custody to mother, overturned on appeal
Benmergui v. Bitton, 2008 CanLII 11639 (ON S.C.)	M	T	N	P	3	600	Man makes reference to killing himself in court, $600 per month child support, imputed income, retroactive arrears
Bhasin v. Bhasin, 2006 CanLII 3270 (ON S.C.)	M		X	P		1500	Psychiatrist files report man is totally disabled and unable to pursue employment, 1.5 K per month spousal support
Bhullar v. Bhullar, 2005 CanLII 18718 (ON S.C.)	M		C	P	3	305	Man provides report from doctor he can’t work, imputed income, $ 305 per month child support
Biehn v. Biehn, 2003 CanLII 2062 (ON S.C.)	W	H	X	P		1000	Wife is admitted to a mental health hospital, $ 1000 spousal support per month, 24 K arrears, $ 278 child support ends as child moves out
Birkhimer v. DeCoste, 2008 CanLII 63137 (ON S.C.)	W		N	P	3	446	Doctor says wife cannot work temporarily, income imputed to 30 K, retroactive arrears, husband has custody
Bolduc v. Bolduc, 2006 CanLII 28099 (ON S.C.)	W	H	N	P		188	Woman has depression, man has custody, $ 188 per month child support, wife is hospitalized for possible suicide attmpt
Boomhower v. Yusko, 2004 CanLII 5030 (ON S.C.)	W	S	C N			X	Woman takes overdose while caring for child, interim custody switched to father, no support orderd
Bowman v. Cheluk, 2003 CanLII 1938 (ON S.C.)	M		N	P	3	2805	Psychologist is of the opinion litigation is a barrier to treatment, imputed income, $ 2500 spousal support, $ 305 child support
Brophy v. Brophy, 2004 CanLII 25419 (ON C.A.)	C						Child suffers from depression
Brown v. Brown, 2004 CanLII 12750 (ON S.C.)	M			P	3	294	Man claims litigation is a cause of depression, imputed income, $ 294 per month child support
Burmi v. Dhiman, 2001 CanLII 28206 (ON S.C.)	W					X	Wife claims depression from one visit to psychologist, 7 week arranged marriage wife uses to immigrate, interim spousal support denied
C.(J.J.D.) v. C.(S.L.), 1996 CanLII 8098 (ON S.C.)	C	S					Child attempts suicide
C.A.P. v. J.D.P., 2006 CanLII 12719 (ON S.C.)	W	S	C				Wife is hospitalized overnight after suicide attempt, husband gets custody then reversed back to wife
C.D. (Re), 2004 CanLII 56555 (ON C.C.B.)	W	S C					Woman attempts suicide by insulin overdose and is involuntarily committed
C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)	M		N	P	3	1550	Man treated with antidepressants, $ 1550 child support per month includng s.7 expenses
C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)	W	H	C	R		950	Wife is hospitalized,$ 950 per month child support
C.J.S. v. S.S., 2005 CanLII 15468 (ON S.C.)	W		J	R		1394	Wife gets counselling and is on medication, joint custody, man pays total of $1394 per month
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	C						Court orders counselling for all 4 children
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	M			P		2772	Both parents unable to work, $914 child support and $1858 spousal support, father has 3 children and access to fourth child terminated, 320 K cost penalty
C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)	W			R		2772	Both parents unable to work, $914 child support and $1858 spousal support, father has 3 children and access to fourth child terminated, 320 K cost penalty
Catsoudas v. Catsoudas, 2008 CanLII 26673 (ON S.C.)	M		N	P	3	1300	Man claims to have been depressed and on medication,and did not understand the separation agreement he made, child support order made including s.7 expenses
Cavanagh v. Cassidy, 2000 CanLII 22514 (ON S.C.)	W		C	R		1357	Wife has depression and chronic fatigue syndrome and is perscribed prozac, $1357per month total support
Chase (Wade) v. Chase, 2005 ONCJ 504 (CanLII)	W			R			Wife is unable to have gainful employment so is entitled to spousal support
Chehowy v. Chehowy, 2004 CanLII 18360 (ON S.C.)	W		X	R		1250	Wifes doctor reports she can’t work, $1250 per month spousal support
Chernoff, Re, 1991 CanLII 385 (ON L.S.D.C.)	M						Lawyer undergoing therapy is disbarred
Children's Aid Society of Sudbury and Manitoulin v. P.(S.), 2004 ONCJ 338 (CanLII)	W	C	C N				Woman has custody after divorce, is involuntarily committed for assessment and diagnosed with depression and mental illness, access to child terminated
Children's Aid Society of the Regional Municipality of Waterloo v. B.A., 2004 CanLII 12742 (ON S.C.)	W	H T	J N				Wife makes threats of suicide and is hospitalized, joint custody changed to custody to father, appeal denied
Colquhoun v. Colquhoun, 2007 CanLII 30 (ON S.C.)	M			P		1000	Man claims stress and depression from divorce makes him unable to work,1 K per month spousal support
Cote v. Dixon, 2007 CanLII 10405 (ON S.C.)	M		J	R	3	244	Man on stress leave can’t work and is in treatment by doctor and psychiatrist, joint custody, wife pays $ 244 per month offset support, retroactive arrears
Culbert v. Culbert, 2007 CanLII 27586 (ON S.C.)	M	H	N	P	3		Man admitted to hospital emergency, treated for depression quits job, earns 33 K imputed to 75 K
Currey v. Currey, 2002 CanLII 49562 (ON S.C.)	W	H		R	2	4600	Wife is hospitalized, wife makes numerous allegations against husband, separation agreement found valid
D.D. (Re), 2004 CanLII 34588 (ON C.C.B.)	M	C T					Man has suicidal ideation and is involuntarily committed
D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)	C						Children in counselling
D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)	M		N	P	1	2989	Pilot who works for Air Canada, support order varied so he pays less, man varied to $ 1489 per month for child support and $ 1500 for spousal support, wife found in contempt, children in counselling
D.P.J. v. Y.P., 2005 CanLII 2048 (ON S.C.)	C	T					Child threatens suicide
Danis v. Danis, 2004 CanLII 8245 (ON S.C.)	C	S					Child attempts suicide
Daulby v. Daulby, 2007 CanLII 52431 (ON S.C.)	M		J			X	Man is on disability due to stress and wife earns 40 K per year, mans motion for child support dismissed and his income imputed
Davignon v. Davignon, 2000 CanLII 5640 (ON C.A.)	W		X	R	2	2500	Wife cannot be gainfully employed, 2.5 K spousal support per month, 3.5 K costs of appeal and costs of trial
Deane v. Deane, 1995 CanLII 7345 (ON S.C.)	M	S		P	3	1200	Man attempts suicide, separation agreement overturned $ 900 per month child support and $ 300 per month spousal support and 61 K equalization
DeCicco v. DeCicco, 2003 CanLII 2095 (ON S.C.)	W		X	R		2000	Wife claims she was abused and so depressed she contemplated suicide, 2 K per month spousal support
Di Manno v. Di Manno, 2002 CanLII 2673 (ON S.C.)	M		N	P	3	2613	Man claiming problems with stress is given a 40 K cost penalty, $ 1000 per month child support, $1613 spousal support, 33 K retroactive arrears set off against equalization
Dodd v. Dodd, 2003 CanLII 2100 (ON S.C.)	C						Daughter attempts suicide
Dolman v. Dolman, 1998 CanLII 14875 (ON S.C.)	W			R		200	Wife has major depression and is on paxil, ongoing counselling, 102 K equalizaton and $ 200 per month spousal support
Dolson v. Dolson, 2004 CanLII 33778 (ON S.C.)	W		C	R	2	816	Wife still suffering depression 5 years later, support not varied
Dor v. Traynor, 2008 CanLII 13614 (ON S.C.)	W			R	3	2400	Wife is now clear of depression, wife gets 2.4 K per month spousal support, reteroactive arrears
Dunn v. Menear, 2000 CanLII 22595 (ON S.C.)	M		N				Criminal charges, denied access to children man pays $ 96 child support, recieves 7.5 K lump sum spousal support
E.E.R. v. C.L.R., 2003 CanLII 1979 (ON S.C.)	C						Children in counselling
Eccles v. Eccles, 2002 CanLII 49548 (ON S.C.)	W		N	R	3	3500	Wife is depressed to the point she can’t get out of bed from loss of custody, man must pay 3.5 K per month retroactive spousal support and 10 K lump sum, lump overturned on appeal.
Einstoss v. Starkman, 2002 CanLII 2777 (ON S.C.)	C						6 year old child in therapy, wife is in contempt denying husband access
Elder v. Elder, 2005 CanLII 48920 (ON S.C.)	W		J	R	2	2000	Wife can use family assets to pay for treatment program, interim support order not varied, split custody, 2 K per month spousal support
Erb v. Erb, 2003 CanLII 2112 (ON S.C.)	M		N	P		1448	Both man and woman depressed, $ 900 spousal support and $ 548 child support and unstated child support for second child, 22 K occupational rent
Erb v. Erb, 2003 CanLII 2112 (ON S.C.)	W		C	R		1448	Both man and woman depressed, $ 900 spousal support and $ 548 child support and unstated child support for second child, 22 K occupational rent
Espiritu v. Bielza, 2007 ONCJ 175 (CanLII)	W	S					Wife commits suicide
Eulenhaupt v. Eulenhaupt, 2008 CanLII 45542 (ON S.C.)	M	H	X	P	1	X	Man was hospitalized and does not appear and claims he was too depressed to handle his affairs, man is unemployed, interim spousal support order set aside
Fallis v. Garcia, 2008 CanLII 25048 (ON S.C.)	C	H T					Child speaks of suicide and is taken to the hospital
Fang v. Fang, 2004 CanLII 13068 (ON S.C.)	M			P	3	1965	Man’s depression claim denied by employer, man is unemployed, income imputed, $ 1240 child support per month and $ 765 spousal support, 44 K arrears
Ferguson v. Ferguson, 2008 CanLII 12836 (ON S.C.)	W		C	R	3	2700	Wife suffers from depression and anxiety, her condition has worsened in 4 years, 1.4 K per month spousal support varied to 2.7 K, retroactive arrears,but 2.7 K child support terminated as child is adult
Ferril v. Chen, 2006 ONCJ 301 (CanLII)	C						Wife and child are in counselling
Ferril v. Chen, 2006 ONCJ 301 (CanLII)	W		C	R	3	935	Wife and child are in counselling, $ 935 total child support including s.7 expenses, 5.2 K arrears
Fisher v. Fisher, 2006 CanLII 4950 (ON S.C.)	W		X	R	3	2600	Wife has depression and can’t work for a year, 2.6 K spousal support
Fitzpatrick v. Fitzpatrick, 2004 CanLII 13318 (ON S.C.)	W		X	R		6500	Wife sees a psychiatrist and is on antidepressants for 2 year, 6.5 K per month spousal support
Foster v. Foster, 2004 ONCJ 114 (CanLII)	M		N	P	2		Mans lowered income does not constitute a change in circumstance, he made himself sick worrying about his circumstances
Fournier v. Burton, 2006 CanLII 34340 (ON S.C.)	W		C	R	2		Wife has cancer and surgeries and suffers from depression, support not varied
G.M. (Re), 2005 CanLII 57743 (ON C.C.B.)	M	H					Ex wife takes man to hospital for psychiatric assessment
G.R.D. v. J.D.T., 2006 CanLII 29655 (ON S.C.)	W		J			X	Wifes depression may impact on her parenting, joint custody primary residence to father, no support in separation agreement
Gainer v. Gainer, 2006 CanLII 12969 (ON S.C.)	W		X	R	3	3250	Wife is treated by 3 doctors, claims 100K for infliction of mental suffering, $3250 per month spousal support, 22.7 K arrears
Gammon v. Gammon, 2008 CanLII 5968 (ON S.C.)	W	S H		R	3	2000	Wife attempts suicide, separation agreement overturned, lump sum equalization, retroactive spousal support arrears
Gauthier v. Gauthier, 2004 CanLII 39943 (ON S.C.)	W		X	R		950	Wife is to depressed to understand separation agreement, spousal support raised from $ 200 per month to $ 950
Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)	M			P	1	371	Man was depressed and on medication and did not attend trial, 56 K arrears rescinded to 12 K arrears, $ 371 per month child support
Green v. Ottawa Police Services Board, 2007 CanLII 38940 (ON S.C.)	W						Woman is on disability
Growen v. MacKenzie, 2008 ONCJ 170 (CanLII)	W	S	J	P		427	Wife attempts suicide, joint custody with primary residence to father, mother pays $ 427 per month child support
Harding v. Harding, 2006 CanLII 31612 (ON S.C.)	W			R	3	6000	Wife suffers from depression and can’;t work, wife has custody, support at 6 K per month
Harrington v. Harrington, 2007 CanLII 15474 (ON S.C.)	W	H	X	R		2100	Woman is hospitalized and releases herself, spousal support 2.1 K per month
Harris v. Harris, 2006 CanLII 9141 (ON S.C.)	M		N	P	3	390	Mans doctor says he can’t work, income imputed, $ 390 per month child support, 13.9 K equalization
Hassan v. Mufti, 2008 CanLII 29771 (ON S.C.)	W		C			X	Woman gets counselling and is now fully recovered, wife gets custody and does not seek support
Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)	C						Child in counselling
Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)	W		C	R	3	5500	Woman has depression and fibromyalgia and cannot work, Combined child and spousal support 5.5 K per month to drop to 2 K after time limited order
Heyck-Mangan v. Mangan, 2002 CanLII 49530 (ON S.C.)	W		C	R	3	2600	Psychiatrist testifys wife has major depressive disorder and cannot work, wife gets 1.6 K spousal support and 1 K child support, retroactive arrears
Hildinger v. Carroll, 1998 CanLII 14923 (ON S.C.)	M		J	P		750	Man is treated for depression after marriage ends, joint custody, $ 750 per month child support
Hosannah v. Bury, 2006 CanLII 1025 (ON S.C.)	M						Mans depression caused by divorce, man sues lawyer
Huck v. Huck, 2004 CanLII 22079 (ON S.C.)	W		X	R		2500	Wife has ben taking antidepressants for 1 ½ years, 2.5 K per month spousal support
Huszarik v. Fairfield, 2004 CanLII 31786 (ON S.C.)	W		X	R	1	1500	Woman suffers from depression and has been unable to find work, separation agreement 3 K spousal support reduced to 1.5 K per month
Ierullo v. Ierullo, 2006 CanLII 33301 (ON C.A.)	W		C	R	2	2200	Family doctor says wife can’t work, spousal support cut in half and then overturned on appeal
J.B. v. A.B., 2006 CanLII 12294 (ON S.C.)	M	S	J	P	3	689	Man attempts suicide, $ 429 per month child support, $ 260 spousal support, imputed income
J.H. (Re), 2007 CanLII 52960 (ON C.C.B.)	W	S C					Woman attempts suicide and is committed, involuntary commitment ended
J.H. v. S.H., 2004 CanLII 29739 (ON S.C.)	M			P	2	1000	Man is suspended from work and arrested for criminal harrassment, treated for depression and doctors say he has improved, 1 K per month interim support to wife
J.K.L. v. N.C.S., 2008 CanLII 30289 (ON S.C.)	C						Child in counseling for alienation, custody ordered changed from father to mother, fathers access terminated
J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)	M		N	P			Judge orders a mental examination of both parties due to their conduct in litigation
J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)	W		C	R			Judge orders a mental examination of both parties due to their conduct in litigation
J.M.G. v. F.F.G., 2001 CanLII 28220 (ON S.C.)	M		N	P	3	468	Husbands problems caused by divorce,$ 468 per month child support, 6.5 K retroactive arrears
J.P. (Re), 2005 CanLII 57901 (ON C.C.B.)	M	C T	C				Man is involuntarily committed twice after separation, threatens suicide, wife gets custody
Jagodich v. Jagodich, 2003 CanLII 2010 (ON S.C.)	W		N	R		2779	Wife can’t work due to depression, husband has custody, wife recieves 3 K spousal support and pays $ 221 child support for net of $ 2779 per month
Jeffries v. Jeffries, 1997 CanLII 12251 (ON S.C.)	W	S		R	3	1400	Woman makes suicide attempt,man files 62 exhibits wife isn’t fit to have custody, 3 findings of contempt against wife,$1400 per month spousal support
Johnson v. Castellano, 2006 CanLII 34434 (ON S.C.)	M			P		500	Man has depressed earnings due to stress of divorce, $500 per month support
K. v. K., 2004 CanLII 12506 (ON S.C.)	M			P	1	6050	Man has serious clinical depression, governing body revokes his license, psychiatric counselling, 6 K per month total support reduced from 15 K, arrears not rescinded
K.A.C. v. P.P, 2007 ONCJ 217 (CanLII)	W		C	R			Womans on antidepressants and seeing doictor and psychiatrist, wife given interim custody
K.B. (Re), 2003 CanLII 54926 (ON C.C.B.)	M	S C					Man attempts suicide and is involuntarily committed
Kaddoura v. Hammoud, 1998 CanLII 14937 (ON S.C.)	W					X	Wife is depressed and get therapy, neither claims support, damage claims dismissed
Kalla v. Kalla, 2003 CanLII 2322 (ON S.C.)	M			P	1	446	Mans psychiatrist says he is long term and permanently disabled, support lowered and some arrears rescinded
Kelly v. Kelly, 2004 CanLII 4328 (ON C.A.)	W	H	C	R	3		Wife is hospitalized and given antidepressants and can’t work, 36 K lump sum to waive spousal support in separation agreement, motion judge erred, in dismissing her claim for spousal support and upholding separation agreement, 16.5 K costs
Kennedy v. Kennedy, 2000 CanLII 22437 (ON S.C.)	W		X	R	3	1000	Wife claims she was too depressed to sign separation agreement,1 K per month spousal support,retroacrive arrears
Khan v. Kong, 2007 CanLII 61091 (ON S.C.)	W	T	C N				Wife has suicide ideation, custody reversed to non biological father
Kohl v. Finnis, 2000 CanLII 22445 (ON S.C.)	M		N	P	2	250	Man is in psychiatric counselling, insufficient evidence before court, $ 250 per month child supporrt, man doesn’t pay 36 K arrears not varied
Kopunovic v. Cukotic-Kopunovic, 1996 CanLII 8076 (ON S.C.)	W		X	R	3		Wife gets medical assistance and takes antidepressants for 3 years, 47 K lump sum spousal support,42 K prejudgment interest
Kutlesa v. Kutlesa, 2008 CanLII 13187 (ON S.C.)	M		X				Man claims depression and emotional instability, wife given exclusive possession of the home and non harrassment order
L. (Re), 2007 CanLII 19783 (ON C.C.B.)	W	S C	C N				Woman is involuntarily committed six weeks after husband obtains custody order, suicide attempt after separation
L.(Y.Q.) v. H,(T.T.), 2006 ONCJ 127 (CanLII)	M		N				Man threatens wife and children, supervised access
L.B. (Re), 2007 CanLII 22321 (ON C.C.B.)	M	S C					Man makes suicide attempt and is involuntarily committed
L.K. v. G.K., 2007 CanLII 9612 (ON S.C.)	C						Both children affected, boy suffers from ulcers and girl depression
Lachance v. Lachance, 2007 CanLII 29964 (ON S.C.)	W		C	R	1	350	Wife is on antidepressants, support reduced from $ 1350 to $ 350 per month as 2 children are no longer dependent,wife earns 25 K per year and husband is retiring
Lakhani v. Lakhani, 2003 CanLII 2161 (ON S.C.)	W		C	R	3	4082	Wife has been treated for depression for 7 years since separation, 4.1 K support per month, imputed income, 52 K arrears and retroactive arrears
Lance v. Cox-Lance, 2007 CanLII 22345 (ON S.C.)	M		C	R		250	Man claims he can only earn 20 K per year, criminal charges, man has custody, wife pays $ 250 per month child support
Lanfrey v. Lanfrey, 2006 ONCJ 522 (CanLII)	M		C	R		396	Man has bouts of debilitating depression, man has custody, wife pays child support of $ 396 per month
Laue v. Laue, 1993 CanLII 3286 (ON C.J.)	W			R	2	1050	Wife suffers from depression and other mental problems, spousal support in separation agreement upheld
Lauge v. Liepins, 2002 CanLII 2712 (ON S.C.)	M			P	2	474	Man doctor reports he’s unable to work due to alcoholism and depression, 25 K security to ask order be varied, 14 K arrears
Leach v. Goodwin, 1993 CanLII 5428 (ON S.C.)	M	C H		P		125	Man is voluntarily hospitalized after wife serves him with divorce papers, later involuntarily committed by mother, joint custody man must pay $ 125 per month spousal support
Lear v. Lear, 2004 CanLII 14820 (ON S.C.)	M	H	X	P	3	1500	Man is on antidepressants, briefly hospitalized, man makes 2.3 K per month from pension and must pay 1.5 K spousal support, arrears
Lees v. Lees, 2000 CanLII 22580 (ON S.C.)	W	S	X	R	3		Wife is hospitalized and then later makes a suicide attempt and is left as a parapelegic, suicide attempt is a change of circumstance, child no longer dependent
Leonard v. Leonard, 2002 CanLII 49563 (ON S.C.)	W	H	X	R		1100	Wife is treated as an in patient, recovers enough to work part time, 1.1 K per month spousal support
Little v. Little, 2002 CanLII 2797 (ON S.C.)	W		X	R		2100	Wife takes medication that affects her ability to work, 2.1 K per month spousal support, retroactive arrears
M. (Re), 2008 CanLII 16051 (ON C.C.B.)	M	C	N				Man is involuntarily committed, wife has custody
M. L. (Re), 2007 CanLII 20021 (ON C.C.B.)	W	C					Womans involuntary hospitalization ended and she can be treated as an outpatient
M.B.S.L. v. Youthdale Treatment Centres (CFSA s.124), 2008 CFSRB 78 (CanLII)	C	S H					Child attempts suicide and is hospitalized and assessed for involuntary treatment
M.C. v. D.C., 2003 CanLII 2030 (ON S.C.)	C						Child is in therapy and on medication, joint custody changed to sole custody to mother
M.M. (Re), 2004 CanLII 56498 (ON C.C.B.)	M	C T	N				Man threatens suicide and is involuntarily committed, man is found to be incapable of managing his property
Mackrell v. Frederick, 2005 CanLII 14141 (ON S.C.)	W	S	C	R		156	Woman makes suicide attempt, wife has custody, man pays $ 156 per month child support
Mahood v. Mahood, 2005 CanLII 19841 (ON S.C.)	M		N	P	1	718	Man diagnosed with major depressive disorder, doesn’t see children, spousal support reduced from $ 800 per month to $ 200
Maurice v. Maurice, 2003 CanLII 2418 (ON S.C.)	M			P	3		Man treated twice by a psychologist, 85 K lump sum child support
Mcclenahan v. Clarke, 2004 CanLII 25843 (ON S.C.)	W		J	R		2000	Wife is unable to work, wife sues lawyer, joint custody, 2 K per month child support
McDonald v. McDonald, 2000 CanLII 22594 (ON S.C.)	W			R	2	125	Court does not believe wife was too depressed to make separtion agreement
Mcfadden v. Sprague, 2008 CanLII 27819 (ON S.C.)	M		C	R			Man’s doctors say he is too depressed to work, man has custody and recieves,wife must pay spousal support and child support
Mollica v. Melchionna, 2006 CanLII 41526 (ON S.C.)	M		N	P	3	601	Man claims he can’t work, income imputedto 40 K, $ 601 per month child support,some recission and lowered support
Moro v. Miletich, 1998 CanLII 14881 (ON S.C.)	W	H	J	R	3	894	Woman is hospitalized, 1.3 K per month spousal support, 16.9 K retroactive arrears, joint custody with primary residence o father, wife pays $ 406 per month child support
Murphy v. Murphy, 1995 CanLII 7356 (ON S.C.)	W		X	R	3	2000	Wife has schizo affective disorder with psychotic depressions, psychiatrist says she was not competent to sign separation agreement,2 K per month retroactive spousal support
Nasser v. Mayer-Nasser, 2000 CanLII 5654 (ON C.A.)	W	S		R	3		Woman attempts suicide and is now a paraplegic, suicide attempt is change of circumstance,
Nastasi v. Nastasi, 2006 CanLII 33689 (ON S.C.)	M	S	J				Man attempts suicide while caring for child, supervised access changed to unsupervised, man must take medication to see child, joint custody on consent, support not mentioned
Nitsopoulos v. Alousis, 2000 CanLII 22566 (ON S.C.)	M		N	P		2760	Man is on medication and doctors say he can’t work, man pays $ 2200 spousal support voluntarily and $ 560 child support
Nolan v. MacLean, 2006 CanLII 38865 (ON S.C.)	M		N			X	Man has history of depression and alcoholism, man loses job, wife has custody and earns 105 K peryear, no spousal suport or child support ordered
Ogilvy v. Ogilvy, 2006 CanLII 32909 (ON S.C.)	M	S H	X				Man is admitted to hospital for a suicide attempt, support not mentioned
P (Re), 2005 CanLII 56604 (ON C.C.B.)	M	C					Man is involuntarily committed, as incapable of managing his property
P.F. v. E.J.J.F., 2003 CanLII 2115 (ON S.C.)	M		N	P	3	713	Man is on antidepressants which doctor says would make it unsafe for him to work in heavy construction, man claims to be unemployed but isseen working by private investigator, $ 713 per month child support, 11.5 K retroactive arrears
P.S. v. J.S., 2005 CanLII 16590 (ON S.C.)	W	H	J N				Wife is hospitalized for depression, makes many false allegations, joint custody changed to sole custody to husband
Pagnotta v. Malozewski, 2008 CanLII 14800 (ON S.C.D.C.)	W		C	R	3		Support orderd for wife extended, $ wife has children 80 % of the time, $ 1563 spousal support, child support not mentioned
Palinka v Palinka, 2003 CanLII 2195 (ON S.C.)	W		C	R	2	2000	Woman is not telling the truth she cannot work, man voluntarily pays 2 K per month and expenses, no claim for child support
Pasichnyk v. Pasichnyk, 2005 CanLII 30710 (ON S.C.)	W		X	R	3	1600	Woman suffers from depression, spousal support increased from $ 1475 per month to $ 1600
Philip v. Philip, 1997 CanLII 12383 (ON S.C.)	W		X	R	3	1000	Wife suffers virtual paralysis from depression, separation agreement overturned
Phiroz v. Mottiar, 1995 CanLII 7037 (ON C.J.)	W		C	R	3	650	Wife suffers from depression, husband accuses her of alienation, child support increased from $ 550 to $ 650
Pipitone v. Pipitone, 2000 CanLII 22533 (ON S.C.)	W		X	R		1000	Wife is unable to work,doctor says it will take 2 years minimum, 1 K per year spousal support lowered from 2 K interim
Prentice v. Coovadia, 2006 CanLII 23255 (ON S.C.)	M	S					Man commits suicide in psychiatric hospital
R. v. Miller, 1991 CanLII 2704 (ON C.A.)	W	T					Woman seeks assistance in committing suicide
R. v. Oelkuch, 2006 CanLII 26479 (ON S.C.)	M						Criminal charges
R. v. Van Patter, 2006 ONCJ 48 (CanLII)	W	S					Wife attempts suicide while caring for child
R.(A,L,J.) v. R.(H.C.G.), 1995 CanLII 6877 (ON C.J.)	W	S H	C N				Court says there has been a deterioration in wifes mental stability, 2 overdoses and admitted to hospital, mothers access changed to supervised
R.L. (Re), 2007 CanLII 41563 (ON C.C.B.)	W	S C	N				Woman is involuntarily committed, 3 suicide attempts
Ranieri, Re, 1994 CanLII 1220 (ON L.S.D.C.)	M						Lawyer is suspended until he can prove he has recovered
Ratman v. Ratman, 2008 CanLII 8424 (ON S.C.)	M		N	P		157	Man suffers chronic anxiety and depression and doctors say he cannot work,$ 157 child support to wife, mans claim for spousal support dismissed
Re S.(B.), 1996 CanLII 8689 (ON S.C.)	W						Mother abandons children
Rea v. Rea, 2007 CanLII 56492 (ON S.C.)	W		N	R		1750	Wife in treatment for depression and unemployed, husband has custody, $ 1750 per month spousal support
Reinhardt v. Reinhardt, 2004 CanLII 35095 (ON S.C.)	W			R	3	1200	Wife was too depressed to make proper separation agreement, $ 1200 per month spousal support
Rhora v. Ontario, 2004 CanLII 4046 (ON S.C.)	M	C					Man has breakdown after separation and is committed for 2 months and released
Riberdy v. Riberdy, 2001 CanLII 28211 (ON S.C.)	M		N	P	1	2048	Man goes on sick leavefrom stress, support order lowered retroactively to $ 1048 per month child support and $ 1000 spousal support
Richardson v. Lafrance, 2005 ONCJ 299 (CanLII)	W						From the stress of divorce, and bankruptcy and criminal charges wife is not playing with full deck
Rizzo v. Rizzo, 2000 CanLII 22463 (ON S.C.)	W					X	Wife claims depression was caused by the end of marriage, court finds her depression is for other reasons, spousal support claim dismissed
Rosen v. Rosen, 2005 CanLII 480 (ON S.C.)	C	T					Child threatens suicide
Royston v. Royston, 2003 CanLII 1978 (ON S.C.)	W			R		1223	Wife cannot work outside home, doctor says she suffers from depression and anxiety, $ 823 child support, $ 400 spousal support
S.F.M.(C.) v. J.G.C.C., 2002 CanLII 2762 (ON S.C.)	C						Psychologist says mother and child are suffering from depression
S.F.M.(C.) v. J.G.C.C., 2002 CanLII 2762 (ON S.C.)	W		J	P		49	Psychologist says mother and child are suffering from depression, joint custody wife pays $ 49 per month offset child support
S.L. v. L.L.2, 2006 ONCJ 519 (CanLII)	C						Child must be hospitalized
Santiago Araya v. Gaete, 2005 CanLII 4581 (ON S.C.)	W		J	R	3	800	Wife cannot work, psychiatrist says divorce is contributing factor, separation agreement overturned and spousal support ordered
Sasonow v. Sasonow, 2000 CanLII 22583 (ON S.C.)	W		X	R	2	2395	Wifes psychiatrist files a report, $ 2395 per month spousal support, variation denied
Schaarschmidt v. Schaarschmidt, 2008 CanLII 54327 (ON S.C.)	M	H	N			X	Man is hospitalized and later living on the street, wife gets custody
Scott v. Nicholson, 1995 CanLII 7445 (ON C.J.)	W	H	C	R	3	200	Wife is hospitalized, daughter moves in with wife, 2 K lump sum and $ 200 per month child support
Segal v. Qu, 2001 CanLII 28201 (ON S.C.)	M	S		P	3	2500	Man attempts suicide after separation from first wife, second wife makes claim for assault and emotional damages, criminal charges for assault on step daughter, 2.5 K spousal support
Serrao v. Jardine, 2003 CanLII 2237 (ON S.C.)	M		X	R	3	1000	Wife is on stress leave, man is too depressed to work, man goes bankrupt, spousal support 1 K per month for 2 years
Serrao v. Jardine, 2003 CanLII 2237 (ON S.C.)	W		X	P	3	1000	Wife is on stress leave, man is too depressed to work, man goes bankrupt, spousal support 1 K per month for 2 years
Sgro v. Sgro, 2003 CanLII 2454 (ON S.C.)	M		N	P		1961	Man sells business and is unemployed,$674 child support and $1287 spousal support
Shaw-McInnis v. Crawford, 2003 CanLII 2241 (ON S.C.)	M			P			Man suffers emotional breakdown after separation
Simms v. Simms, 2002 CanLII 2735 (ON S.C.)	W		X	R	3	450	Wife on antidepressants and unable to work, spousal suport of $ 500 per month ordered 5 years after divorce
Simons v. Simons, 1999 CanLII 14978 (ON S.C.)	W		J	P	3	452	Wife has chronic depression and stress, $ 302 child support, $ 150 spousal support , 19 K retroactive arrears, split custody
Simpkins v. Simpkins, 2004 CanLII 28909 (ON C.A.)	W	T	X	R	3	2250	Wife is suicidal, psychiatrist recomends asking for a lump sum to end litigation, separation agremeent set aside, $ 2250 monthly support, upheld on appeal, 12 K costs
Simpson v. Grignon, 2007 CanLII 17038 (ON S.C.)	W	H	X	R		1200	Wife is hospitalized twice, no children, spousal support $ 1200 per month
Sitter v. Sitter, 2003 CanLII 2415 (ON S.C.)	M		N	P	1	4500	Man claims stress of divorce has lowered income,7 K interim spousal support lowered to 4.5 K, no claim for child support
Smith v. Frank, 1999 CanLII 14979 (ON S.C.)	W	S	C	R			Wife makes suicide attempt, child moves in with father, court returns child to mother
Smith v. Smith, 2008 CanLII 14894 (ON S.C.)	W		X	R	3	1200	Wife suffers from depression, separation agreement overturned, $ 1200 per month spousal support
Sobotka v. Sobotka, 2005 CanLII 3399 (ON S.C.)	W		N	P		2226	Wife requires therapy and counselling, father has not seen children since separation, $ 1026 per month child support and $ 1200 spousal support
Somerset v. Somerset, 2004 CanLII 16881 (ON S.C.)	M		N	P		440	Man is on antidepressants, accused of sexually abusing his children, denied interm access
Stafford v. Rebane, 2004 CanLII 34080 (ON S.C.)	W	H	N	R		12000	Wife is hospitalized for 3 months, man has custody and must pay 12 K per month spousal support
Stajkowski v. Stajkowski, 2007 CanLII 16829 (ON S.C.)	W		X	R	1	X	Wife suffers from depression, man becomes unemployed, spousal support terminated
Stanford v. Roy, 2005 CanLII 6402 (ON S.C.)	M						Man gets counselling and seeks disability, criminal convictions and jail
Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)	C						Wife on antidepressants, both children have symptoms, one child moves out and the other is in counselling
Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)	W		C	R	3	633	Wife on antidepressants, both children have symptoms, man goes back to school, imputed income, $ 633 per month child support, 4.5 K arrears
Surerus-Mills v. Mills, 2006 CanLII 32907 (ON S.C.)	C						Child has depression after divorce
Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)	M		N	P	3		Man is on stress leave from work, living at the Y, intentionally unemployed, 80 K lump sum
T. (Re), 2007 CanLII 28522 (ON C.C.B.)	W	C					Divorced woman has delusions and cannot care for herself
T.L.M. v. B.A.M., 2008 CanLII 28748 (ON S.C.)	M	H					Man is hospialized
T.P.S. v. K.E.S., 2007 CanLII 1900 (ON S.C.)	M	S					Man attempts suicide, accused of assaulting children
Takis v. Takis, 2002 CanLII 2818 (ON S.C.)	W	S	J	R	3		Wife makes suicide attempt or gesture,joint custody, man pays full guideline amount
Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)	M			P	3		Man has mental breakdown and is twice jailed during separation and a third time so misses trial, man goes bankrupt, 17 K unequal division and 10.5 K compensatory support
Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)	W	S		R	3		Wife makes suicide attempt, gets custody of children from first marriage, 17 K unequal division and 10.5 K compensatory support
Trick v. Trick, 2003 CanLII 2260 (ON S.C.)	W		C	R	3	2950	Wife is prescribed paxil, wife is unemployed,151 K retroactive arrears, 1450 per month child support and s.7 expenses, $ 1500 per month spousal support
Tucci v. Tucci, 2008 CanLII 52619 (ON S.C.)	W		X				Wife suffers from depression and it affects her ability to work, wife makes 116 K, husband asks for spousal support, no interim order made
V.F. v. M.F.1, 2007 CanLII 3881 (ON S.C.)	C						Counselling recommended for all 3 children
Valenti v. Valenti, 1996 CanLII 8082 (ON S.C.)	C						Wife and children attend counselling
Valenti v. Valenti, 1996 CanLII 8082 (ON S.C.)	W		C	P	3		Wife and children attend counselling, 28.6 K lump sum child support and 49.6 K damage award
Van Horne v. Van Horne, 2007 CanLII 16457 (ON S.C.)	W			R	1	1200	Spousal support reduced from 5.4 K to 1.2 K, man loses fulltime position
Vangroenigen v. Vangroenigen, 2005 CanLII 38896 (ON S.C.)	M		N	P	3	466	Man is temporarily too depressed to work, imputed income, $ 466 per month child support 10 K lump sum spousal support
Varsanyi v. Varsanyi, 2006 CanLII 34285 (ON S.C.)	W						Wife is unemployed
Vitagliano v. Di Stavolo, 2001 CanLII 28202 (ON S.C.)	W		C	R	3	2844	Wife takes medication and is unable to care for children for 3 months, imputed income, retroactive lump sum of 40 K, $ 1500 spousal support, $1344 child support, s.7 expenses
W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)	M	H	C	P	1	X	Son dies and husband is hospitalized for depression, spousal support to wife terminated after 25 years,arrears expunged
W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)	M	H	N	R	1	X	Wife is unemployable due to chronic depression, spousal support terminated after 25 years, husband had custody but wife did not pay support
W.F. (Re), 2005 CanLII 57690 (ON C.C.B.)	W	C H					Wife s hospitalized 3 times andthen involuntarily committed then released
Wheeldon v. Wheeldon, 2003 CanLII 2398 (ON S.C.)	C						Child has post traumatic stress disorder
Wilcox v. Wilcox, 2003 CanLII 2272 (ON S.C.)	M		X	P	1	925	Man suffers from depression, he is laid off and gets a lower paying job, support varied from $ 3800 per month to $ 925, some arrears rescinded
Wilkinson v. Wilkinson, 1996 CanLII 8084 (ON S.C.)	M		X	P	2	1000	Man is being treated for depression and loss job, variation denied
Wozniak v. Brunton, 2006 CanLII 273 (ON S.C.)	W	S	N			X	Wife attempts suicide by drinking bleach while caring for child, access terminated
Wright v. Mason, 2004 ONCJ 317 (CanLII)	W		C	R	3	1024	Woman is depressed, doesn’t tell man child is his, $ 1024 child support, 18 months retroactive
Wylde v. Wylde, 1984 CanLII 91 (ON C.J.)	M		N				Man suffers depression after separation
Yeates v. Yeates, 2007 CanLII 11728 (ON S.C.)	W		C	R	3	5751	Woman suffers from depression, $ 1951 child support, 2500 spousal support and $ 1300 s.7 expenses
Zadegan v. Zadegan, 2003 CanLII 49378 (ON S.C.)	C						Child is depressed and in counselling
Zeray v. Khassay, 2007 CanLII 38404 (ON S.C.)	M		N	P	1	555	Man claims he cannot work as many hours and hadlower income due to depression, support lowered from $ 800 per month to $ 555 per month

Appendix B Depression and Pschological Trauma Case Excerpts

Leopold v. Leopold, 2000 CanLII 22708 (ON S.C.)

[114] J.D. Payne and M.A. Payne, Dealing with Family Law (Toronto: McGraw-Hill Ryerson Ltd., 1993) at p. 78 outlines the dilemma:

In the typical divorce scenario, spouses negotiate a settlement, often with the aid of lawyers, at a time when they are still experiencing the emotional trauma of marriage breakdown. Spouses who have not come to terms with the death of their marriage and who feel guilty, depressed or angry in consequence of the marriage breakdown are ill-equipped to form decisions of a permanent and legally binding nature.

[115] The roller coaster of emotions experienced at the time of separation is described in J.M. Eekelaar and S.N. Katz, eds., The Resolution of Family Conflict (Toronto: Butterworths, 1984) at p. 368:

Separation often brings in its wake psychological turmoil and substantial emotional distress that can make deliberative and well-informed judgments unlikely.

Adamski-Chisholm v. Chisholm, 2006 CanLII 51169 (ON S.C.)

[2] At that time Mr. Carey sought an adjournment on the grounds that his client, for medical reasons, was unable to proceed. Mr. Carey advised me, and I accepted without hesitation, his statement that his client was emotionally unable to proceed.

D.J.C. v. N.C., 2004 CanLII 47783 (ON S.C.)

[5] Mr. D.J.C. is employed as a pilot for Air Canada. He is an aircraft Captain. Since December 2002, Mr. D.J.C. has been off work having been diagnosed with major depression. This depression has developed in part as a response to the alienation he experienced from his children.

Mr. D.J.C. is not allowed to fly while on such medication for safety reasons. He continues on this medication.

Fang v. Fang, 2004 CanLII 13068 (ON S.C.)

[16.] Following the separation in August 2000, Brian continued to work for Xerox until April 2001. He was clearly depressed over the separation and the destruction of his family. The true extent of that anxiety or depression is a critical issue

[30.] This letter represents a glowing example of Brian’s denial. His employer has told him in writing at least six times that his claim has been denied. He has been ordered in writing to return to work as many times. He has been warned that his actions amount to resignation. His response is that he has a disability, that Xerox’s decision is unacceptable and that he plans to enter hospital on a partial basis for intensive intervention.

[105.] It is difficult to fathom what action might be sufficient to goad Brian into finding employment. One method is to impute to him, commencing in 2005 an income close to that he has historically earned, viz., $108,170.00. I impute to him in 2005 and later years an income of $100,000.00.

Gainer v. Gainer, 2006 CanLII 12969 (ON S.C.)

[3] Mary is very angry and bitter. She is pursuing numerous statutory and tort based claims against Michael. Notwithstanding the Supreme Court of Canada’s view in Frame v. Smith, [1987] 2 S.C.R. 99 that such torts should not extend to the family law situation, her claims include damages of $100,000 for intentional infliction of mental suffering and damages of $25,000 for intimidation.

[16] The Court has substantial respect for these medical reports, especially that of Dr. Gallant, the most recent of the three reports. I note that it is now six months since that last report was prepared. While guarded, that last report was nevertheless cautiously optimistic in my view. It reflects slow but consistent progress from her state shortly after separation occurred, but it also acknowledges that setbacks could occur.

[24] Mary is a woman who has sustained a life-altering emotional injury from Michael’s hidden past and his current behaviour.

Hewat v. Hewat, 2003 CanLII 2131 (ON S.C.)

[3] The separation has proved extremely stressful to the Wife, such that her mental and to some extent physical health has been impaired. Although she had planned and trained for a return to work as a nurse prior to the separation, she has found herself virtually incapacitated by the break up of the marriage. She has not yet been able to return to work, nor until recently to deal with the financial issues arising from the separation and consequent necessity of dividing the marital property.

[47] However, in the three years since the separation, the Wife has been unable to return to work. She suffered from depression as a result of the break up of the marriage, and has now been diagnosed as having fibromyalgia.

Palinka v Palinka, 2003 CanLII 2195 (ON S.C.)

[10] A medical report by the respondent’s family physician is filed. It characterizes Ms. Palinka as distraught over the marriage breakdown, distracted over her financial crisis, and unable to work. No treatment is referred to; no prognosis is supplied. The report is self-serving in tone. The respondent’s plans to return to university in September belie this account. I do not accept that Ms. Palinka cannot work, only that she chooses not to.

Sobotka v. Sobotka, 2005 CanLII 3399 (ON S.C.)

[24] I accept the wife’s evidence that the separation was a shock to her and that her ability to adjust to the circumstances has been compromised. She required counselling and therapy to help her adjust and as treatment for depression.

Simpkins v. Simpkins, 2004 CanLII 28909 (ON C.A.)

By this time, her mental health was poor. She suffered from severe depression and was suicidal.

[6] The respondent’s mental health remained precarious and she withdrew from her retraining course. The appellant moved for reduction of support, in part, on the ground that he was unemployed and unable to afford to make the support payments. The respondent, in turn, brought her own application for a lump sum payment, partly on the advice of her psychiatrist, who advised her that she should resolve the litigation in order to get on with her life.

[12] In her evidence at trial, the respondent conceded that her lawyer had advised her not to sign the minutes of settlement and that she would be better advised to proceed with her claim. However, her psychiatrist advised her that it was important for her mental health to put an end to the legal proceedings and settle her claim for a lump sum.

Sitter v. Sitter, 2003 CanLII 2415 (ON S.C.)

[11] The petitioner has made claims that he is losing business and is under a lot of strain because of the marital breakdown.

Brown v. Brown, 2004 CanLII 12750 (ON S.C.)

Mark has been less available for the children. He testified that this was because of his on-going depression and his preoccupation, at times, with other matters, such as this litigation. Clearly he is disappointed that the children do not reach out to him more. He blames their apparent disinterest on Brenda, who, he believes, has turned the children against him

[64] Dr. Singh’s diagnosis was major depression recurrent and chronic with marriage disharmony

Lauge v. Liepins, 2002 CanLII 2712 (ON S.C.)

His position is that he is unable to work due to alcoholism and depression.

C.S. v. M.S., 2007 CanLII 6240 (ON S.C.)

[1] This case is even sadder than the usual family tragedy we see in the Family Court. After more than four years of warfare between the parents, during which the children were dragged by both parents into the middle of their relationship issues, three of the parties’ four children have left the mother’s home for the father’s home and no longer speak to their mother.

Both parents are emotional wrecks and are psychologically unfit to work. The father has been on long term disability for two years. The mother has been in counselling and unable to work for at least as long. The damage to the children is enormous too, though they at least are doing well in school.

Mollica v. Melchionna, 2006 CanLII 41526 (ON S.C.)

[1] In this motion Mr. Melchionna applies to vary the amount of child support ordered by Mr. Justice O’Connor November 26, 2004 of $823.00 per month. Mr. Melchionna takes the position that he has been and continues to be involuntarily unemployed due to an illness, namely depression.

[2] Having been presented with affidavit evidence and hearing submissions from both parties, I am prepared to accept that Mr. Melchionna was dismissed from his job as a construction site supervisor as of April 8, 2005 due to his illness, and that due to the acute nature of his illness as of that time, his union was unable to find him another placement

[3] I accept that, again due to the acute nature of his illness, he remained unemployed throughout the remainder of 2005 and was undergoing treatment for his illness. I accept that it was anticipated by Mr. Melchionna and his medical team that he would be in a position to return to work as of April 1, 2006

[11] Mr. Melchionna takes the position that a new support order should be based upon his current annual income of $12,000;

I impute income at an annual rate of $40,000 and order support payable, according to the Federal Child Support Guidelines at $601 per month from June 11, 2006.

St. Amant (Peddie) v. Walkingshaw, 2006 ONCJ 191 (CanLII)

[10] The father also says that he is suffering from his own health problems including stress. He speculates that he may not be able to continue working at the same pace in the future.

Stoate v. Stoate, 2005 CanLII 13820 (ON S.C.)

[16] Ms. Stoate and the children are embarrassed and suffer as a result of their inability to pay the bills and live the way they see others living. Ms. Stoate is on antidepressants from time to time. Tiffany could not handle the stress in the home and again moved out. Eric has been so troubled that he was cutting his arms with a kitchen knife. He is now in counselling.

Belcastro v. Belcastro, 2004 CanLII 10991 (ON S.C.)

Certainly he is blue when family breakdown impedes him in the role he does enjoy with the children of warmth and pride, but expanding that into a depression preventing him from working to support them smacks of an individual more concerned about me, me, me. He is simply self-centered and self-indulgent.

The letter of Dr. Tewfik, filed in support of the assertion that “reduction of his work productivity” is due to chronic depression caused by marital problems and access denial, loses much of its probative value because it is based on facts as asserted to the psychiatrist by the Applicant. While a psychiatrist might be generally expected to be able to cut through false symptoms, this thin report reveals an unquestioning acceptance of the Applicant’s view of the source of his troubles, a view unsupported by the evidence before me

Kalla v. Kalla, 2003 CanLII 2322 (ON S.C.)

[16] The husband has remained on sick leave since November 14, 2001. He has undergone independent psychiatric evaluation for the purposes of his disability claim. It was the opinion of the independent psychiatrist that he had a major depressive episode which is recurrent and severe. His treating psychiatrist opined in a report dated January 3, 2003 that he is totally and permanently disabled and is likely to be so long term.

[18] The wife testified that the husband has a history of using his illness when it suits him to take sick leave. For example, when he had creditors as a result of a failed renovation enterprise in 1994, he went on sick leave with the same condition of depression. The wife further testified that the husband had a history of working under the table, both while he was working for the TTC and while on sick leave and not declaring the income. It was submitted on her behalf that the husband had orchestrated going on sick leave in order to avoid his support obligations and was capable of working. Accordingly, it was submitted that the court should attribute to him his full employment income at the TTC for the purposes of fixing spousal and child support.

[26] While the timing of the husband going on sick leave raises suspicion, the medical evidence establishes that he has a legitimate illness of severe depression. There was no medical evidence to contradict this.

L.K. v. G.K., 2007 CanLII 9612 (ON S.C.)

[15] B.K., who is now 17, is registered as a full time student in Grade 11 at X[…] Secondary School. As noted above, he suffers from stress, anxiety and a stomach ulcer, which he attributes to his parents fighting over him. As a result, he failed a number of courses in Grade 10 and had only attended approximately half of his classes in the fall, prior to trial.

[16] J.K., who is now 23 years old, suffers from depression, which she attributes to years of emotional and verbal abuse by her mother. She takes medication and sees a psychiatrist. J.K. continued to reside with Mr. G.K. after the final Order.

[25] It was apparent in my interview with B.K. that he was highly anxious and stressed by the current situation. When I asked why he was missing school he stated:

Most of the days I just like, actually physically don’t feel well enough because I’ll get overly stressed.

Ferril v. Chen, 2006 ONCJ 301 (CanLII)

[19] Surayia is currently in counselling at the Peel Children’s Centre to assist her in dealing with her feelings.

Sgro v. Sgro, 2003 CanLII 2454 (ON S.C.)

The Respondent claims that he was despondent following the separation and could not concentrate and this led him to sell the business. The Petitioner suggests, and I accept that, he could have taken a leave of absence.

[5] From January to May of 2003, the Respondent husband stopped working. He claims this was for medical reasons and has filed letters from his physicians

Wheeldon v. Wheeldon, 2003 CanLII 2398 (ON S.C.)

[12] 6 year old Alexander is described by the psychiatrist who interviewed him on March 28, 2003 as “bright and alert”. The psychiatrist’s diagnosis of post-traumatic stress disorder is guarded.

[29] Particularly disconcerting is the Father’s failure to appreciate the harm inflicted on his boys by unnecessarily subjecting them to incessant prodding by doctors, psychiatrists, child protection workers, police, school and other health care counsellors.

[33] The second involvement by C.F.S. did not occur until September 20, 2002, nearly 2 ½ years after the first one and, coincidentally, at a time when the Mother was talking about moving to Essex. The investigation was initiated after the Father reported allegations of potential sexual abuse to the Timmins Police Services. The boys were subjected to separate video-interviews in the presence of two child protection workers and police personnel. The Mother’s nerves were shot: she had been told that these were serious allegations and that she could lose custody of her boys. The accusations were unsubstantiated; C.F.S. had no parenting concerns, apologized for putting the Mother and the boys through that ordeal and then closed their file

[34] The third involvement by C.F.S. was initiated in Timmins by the Father on March 17, 2003. The allegations were of exposure by the boys to bad language, racist comments, pornography on the satellite tv and on the computer and age-inappropriate movies while the boys were in Essex during the March break. Once again Erik and Alexander were subjected to probing interviews by social protection workers as were the Mother, her new partner, his ex-wife, his 13 year old daughter and his 11 year old son. C.F.S. concluded that the allegations were unfounded

Somerset v. Somerset, 2004 CanLII 16881 (ON S.C.)

[23] The plaintiff was hurt and became despondent, seeking medical treatment for his depression. He accepted a prescription for anti-depressant medication that he continues to take

Unhappy with the order for access, and that the court made no order for interim custody, the mother made a report made to Child and Family Services, alleging sexual improprieties by the father

Di Manno v. Di Manno, 2002 CanLII 2673 (ON S.C.)

I remind myself that Mr. Chilco's late involvement was due to his empathy for the difficulty he described the Respondent was having in dealing with the huge stresses he was enduring. This court also empathizes with that stress. This court knows that most of the people who come to us for determination of their domestic disputes are literally suffering. So, when I consider that time was wasted due to the Respondent's lack of meaningful participation, I must remember that the Applicant was also stressed and she was paying her lawyer throughout to obtain information that should reasonably have been forthcoming from the Respondent

12. Taking into account a softening for mixed success on the total issues, the impact of the offers, the factors for determining quantum, and the basis for differentiating between full and partial recovery, I fix costs in favour of the Applicant in the amount of $40,000

Stafford v. Rebane, 2004 CanLII 34080 (ON S.C.)

She submits that she suffers from depression. For this she is being treated by a psychiatrist and therapist. This also resulted in her being hospitalized for 3 months ending February 2003 at the Homewood Facility in Guelph.

Johnson v. Castellano, 2006 CanLII 34434 (ON S.C.)

Few personal events are as traumatic as separation and divorce. We often see reduced earnings in the aftermath of separation, as one or both parties go through a difficult period.

[12] The respondent’s period of depressed earnings is not matched by depressed expenses:

Foster v. Foster, 2004 ONCJ 114 (CanLII)

[24] Mr. Foster indicated that he met with his family doctor in 2001 and was advised that he needed time away from work because of the stress “associated with this matter”. He was off work for a period of four months. Further, he indicated that. in 2002, he became very frustrated and discouraged about the court proceeding not yet being resolved and, because of his financial situation, he once again met with his doctor and was on sick leave for six months. He says he was depressed and suicidal

[25] In relation to the third period of disability (from late November 2003 to late March 2004), a psychotherapist who had been involved with Mr. Foster since December 2003, indicated that he was experiencing high levels of stress and unable to work at the time. He had depressive symptoms such as difficulty with sleep, fatigue, difficulties with concentration and problem-solving, decreased memory, withdrawal and despair. “These symptoms seemed directly related to the ongoing, unresolved legal proceeding for spousal and child support.” (My emphasis.)

[26] In a report of 18 February 2004, the psychotherapist concluded (my emphasis added):

Mr. Foster is committed to resolving issues and being able to return to work. However, there needs to be a resolution in the present legal dispute as soon as possible. The lack of resolution continues to erode Mr. Foster’s sense of well-being and his basic abilities to be a contributing member of society. I write to strongly urge a resolution to these matters in the coming weeks so that Mr. Foster can begin to put his life back together.

[30] To allow such a claim as a basis for material change could actually empower and worsen the depression and the resultant disability. By granting such a claimant a financial benefit could reinforce the depression and the disability. The strongly held misperceived views would be rewarded by partially cancelling arrears or reducing support, and thus confirm or justify in the claimant’s mind the validity of his views.

37] What if Mr. Foster does not like this decision? What if he once again becomes depressed, goes on disability and has lower income? Is that a material change? Can someone make himself or herself sick because of strongly-held subjective views and then achieve the result for which he or she is looking? It is a slippery slope when a claim of this nature leads to a material change

[39] Accordingly, as far as the lower income caused by disability is concerned, I do not accept that it constitutes a material change in circumstances.

Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)

[7] He testified that he was depressed and emotional about the serious financial pressures placed on him as a result of the separation and that this affected his performance at work. His employer became concerned for his safety and that of his co-workers. He was therefore transferred from shift work to steady days where he could be more easily supervised. Unfortunately, that created even more financial problems for him: on shift work he could work 50 to 60 hours a week but on day shift he could work only 40 hours a week. In September his employer sent him to the company doctor who recommended that the husband take a break from work. He continued to receive a salary of $9,437 while on stress leave for 17 weeks.

[8] The stress leave salary continuation plan was designed to provide him an income during the eligibility waiting period for short term disability coverage. He expected to be placed on short term disability in mid-January of 2004

[11] The husband insists that he is unable emotionally or psychologically to return to work until after these proceedings are over. There is no evidence to support that opinion.

[12] The husband has been deliberately underemployed. A brief stress leave absence from work may have been justified but not a prolonged absence extending beyond eight months.

Biehn v. Biehn, 2003 CanLII 2062 (ON S.C.)

The breakdown of the marriage came without warning to the wife who was admitted for a brief period to a mental health facility immediately after the separation

T.P.S. v. K.E.S., 2007 CanLII 1900 (ON S.C.)

Her impression was that Mr. T.P.S. had placed his penis in the dog’s mouth as a sexual act and had ejaculated. Ms. K.E.S. said nothing that night. The next day she called the police. They called the Children’s Aid Society (“CAS”). The CAS interviewed the girls and they claimed that their father had hit them. When interviewed by the police and the CAS, Mr. T.P.S. denied any abuse and denied doing anything inappropriate with the dog

[14] On January 15, 2000, Mr. T.P.S. took a Zoloft overdose and was hospitalized briefly at the Georgetown Memorial Hospital.

J.B. v. A.B., 2006 CanLII 12294 (ON S.C.)

[61] What behavioural baggage does the husband bring with him to this court? What conduct has the potential to define his parental character and, thereby, affect the best interests of the child? We have the following (which I set out somewhat chronologically):

(a)

the suicide attempt and subsequent thoughts of suicide

In respect of (a), neither the wife nor her counsel appeared to attach much importance to the suicide attempt or suicide ideation. No medical evidence was adduced as to any conclusions that I might draw from such conduct. I do not think I am entitled to find that the husband is a mental-health risk.

Mahood v. Mahood, 2005 CanLII 19841 (ON S.C.)

[7] Father has been diagnosed with a major depressive disorder which makes it impossible for him to work.

J.H. v. S.H., 2004 CanLII 29739 (ON S.C.)

[9] The Respondent fell apart mentally and physically at the end of 2001

Obviously there has to be a change for the sake of the children. The payment of deficits from assets cannot last much longer

A summary letter from his Doctor, Stephen G. Ross, dated January 16, 2003 addressed “To whom it may concern, Re: S.H., Date of Birth: […], 1960” is included in his filed document book at Tab 41. Applicable parts of the letter state as follows:

This forty-two old gentleman has been a patient of mine for the past several years. On the twenty second of March 2001 he [complained] of marital difficulties and depression…Mr. S.H. was diagnosed with depression…

On November 13^th he said his life was in chaos. He had been suspended from work, arrested for criminal harassment, was separated…

His symptoms were continuing as of November 20th. He was depressed, anxious and worried about all aspects of his life. Counseling was ongoing…

Following his hospitalization he was seen again on December 27, 2000. He was still discouraged but Christmas with the kids was good. He was sleeping better and suffered from less anxiety. Work was on hold and he was looking for an apartment…

I am hopeful that this summary is able to provide you with an account of the…illness suffered by Mr. S.H. during this period of time. To summarize, he has suffered from longstanding depression and anxiety which had worsened due to marital difficulties

Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)

[54] Jeremy Swanson received long term disability benefits of approximately $2,451.00 per month while on stress leave from December 1999 until January 31, 2002

[105] The second incident involves the husband's failure to appear at a case conference that was scheduled for March 6, 2001.

[106] The Court's endorsement on that date indicates that, based upon information received from his lawyer, the husband was not able to attend and was "suffering major depressive illness such that he is considered unable to participate in these court proceedings in a competent fashion." (See Exhibit 16, Tab 1.)

J.P. (Re), 2005 CanLII 57901 (ON C.C.B.)

Mr. J.P. married Ms. A.G. when he was in his early thirties. His two children from this relationship are now university age. Mr. J.P. and his wife separated in 1992, but were only divorced in early 2004. Evidence elicited during the course of the hearing indicated that Mr. J.P. was adamant that he had not learned of the finalization of the divorce proceedings until early December 2004, and Mr. J.P. was insistent that much of his behaviour surrounding the events leading to his admission were related to his attempts to address outstanding issues with his ex-wife

RESULT

For the reasons set out above, the Board confirmed both Mr. J.P.’s involuntary status and the finding that he was incapable with respect to treatment of the mental disorder from which he suffers

K.B. (Re), 2003 CanLII 54926 (ON C.C.B.)

Doctor Stall’s Evidence

Dr. S. presented his own evidence and called no witnesses. Dr. S. said Mr. B. is a 40 year-old male. He was married for 10 years but is now separated from his wife. He actively volunteers at his Baptist church’s drop-in center. Recently, Mr. B. attempted to commit suicide by overdosing on his medications. At 3 am that morning, he went to the drop-in center where he volunteers. While there, he wrote a seven-page suicide letter and will. He then consumed large quantities of several of his medications.

RESULT

The Board concludes based upon the evidence above that Dr. S. has met the requirements of the Mental Health Act and confirms Mr. B.’s involuntary status

L. (Re), 2007 CanLII 19783 (ON C.C.B.)

Ms. L. told police that she was grieving the loss of her son.

It was clear from the patient’s own evidence that she had attempted suicide in 2002 and that the only reason she was not successful was as a result of the diligence of her former employer who checked in on her at home and found her unconscious

The police found her house to be a mess, she had no food and she was clearly not taking care of herself. The patient’s expression that her son would be “better off with a dead mother” must be viewed in the context of the physical signs of a woman who had given up on life. All of the evidence pointed to the worsening of a major untreated depression

We found that Ms. L’s major depression would likely result in serious bodily harm to her

Moro v. Miletich, 1998 CanLII 14881 (ON S.C.)

[8] On the 6th of August, 1994, Ms. Moro packed a few items in the family van, took a baseball bat and vandalized the remaining family vehicle and left London. By the 6th of September, 1994, she was hospitalized for two weeks for observation at the Whitby Psychiatric Hospital.

After her discharge on the 20th of September, 1994, Ms. Moro remained in the Whitby/Ajax area. She was again further hospitalized at the Ajax Psychiatric Hospital for two months, until mid-November 1994. Between separation and the end of 1994, she saw her children only once.

[9] After November 1994, Ms. Moro returned to London. She returned to work part-time while continuing under doctor’s care. Ms. Moro was again hospitalized between May and June of 1995

However, Ms. Moro was again hospitalized in December 1995 for a week, was discharged for a short period, then returned to hospital for a month.

R. v. Miller, 1991 CanLII 2704 (ON C.A.)

After Bridge had informed Ms. Howard that he intended to leave her, she sought his advice and assistance on the best way of committing suicide.

Boomhower v. Yusko, 2004 CanLII 5030 (ON S.C.)

But when the parties separated in April 1999, Brandon was left in Ms. Boomhower’s care and she has been the primary caregiver from that time until January 23,

The therapist’s report confirms the psychiatric diagnosis and indicates that she “seems committed” to educating herself regarding depression management. Yet, in the mother’s own account of what happened prior to and on January 23, 2003, there is little or no recognition of the effect on Brandon of her depression, her overdose while he was alone with her, and of her leaving him to go to the ambulance (after the former partner happened to return and found her).

Nastasi v. Nastasi, 2006 CanLII 33689 (ON S.C.)

[11] Ms. Nastasi testified that in April 2005 Mr. Nastasi calmly told her that he intended to take Dario away and that he might commit suicide. Mr. Nastasi proffered during his testimony in chief that “out of desperation” he said things during the spring of 2005 that he should not have, and he acknowledged that he threatened to take Dario away. He described becoming more depressed during those months. He was particularly concerned about his relationship with his son

[13] Unfortunately, on May 31, 2005, Mr. Nastasi did attempt suicide by overdosing on prescribed medication that he had “stockpiled.” Mr. Nastasi testified that his pain over the breakdown of his marriage was so great that he tried to commit suicide.

[14] Because Dario alerted his mother that he could not wake up his father, Ms. Nastasi was able to obtain medical attention for Mr. Nastasi. During the one-month period that Mr. Nastasi was hospitalized, Ms. Nastasi could not obtain any information with respect to Mr. Nastasi’s medical condition.

Segal v. Qu, 2001 CanLII 28201 (ON S.C.)

[15] Mr. Segal had been depressed following his separation from his first wife. He had even attempted suicide and was treated with anti-depressants

T.L.M. v. B.A.M., 2008 CanLII 28748 (ON S.C.)

He further acknowledges that he suffers from depression and had a breakdown in 2005. The Husband says that he went out West in the summer of 2005 to see his sister and checked into the psychiatric ward in the Chilliwack Hospital, where he received help, returning to Toronto in October 2005.

Takis v. Takis, 2002 CanLII 2818 (ON S.C.)

[5] Notwithstanding the wording of paragraph 8 in the separation agreement, the parties continued the regime of shared parenting with Anastasia moving from the home of one parent to the other every three days. This arrangement which, in essence, was an oral amendment to the separation agreement continued until 11 April, 2001 when Tarace was hospitalized for a suicide attempt or suicide gesture. She remained in hospital for 19 days. Difficulties ensued with respect to the parenting arrangement for Anastasia..

There were other causes. Pauline Nelson, the mental health therapist Tarace was referred to on 16 May 2001, recorded the causes of the suicide gesture as reported by Tarace to be “separation from spouse, custody conflict, financial struggles in business, physical/mental abuse by spouse, recent separation from abusive boyfriend who owed her $20,000

Khan v. Kong, 2007 CanLII 61091 (ON S.C.)

I am concerned about the stability of the Khan family unit. Suzette seems to be depressed. She does not appear to be an emotionally strong person. She has had suicide ideation. No evidence was presented to indicate that even if Rayanne were to spend more time with her, her emotional health would improve. She is not taking any steps to obtain assistance with her emotional issues

W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)

Dr. Crewson wrote a later note on 10 April 2003 (tab 4 of the trial record):

[Ms. C. H.] remains functionally disabled due to her chronic severe depression and is unemployable and totally incapacitated and will remain so probably indefinitely.

[18] Mr. W. M. subpoened Dr. Crewson to testify in this proceeding. The physician reconfirmed her earlier opinion that, because of stress and depression, his former wife could only do basic menial undertakings and would not be self-supporting for medical reasons.

Dolman v. Dolman, 1998 CanLII 14875 (ON S.C.)

[33] At the time of separation Mrs. Dolman was employed at the Bank of Nova Scotia as a teller earning approximately $25,000.00 a year. Her evidence was that in July, 1997, she had to stop work because of an increase in symptoms of her ongoing health problems relating to chronic depression. Medical reports filed in this trial include a note dated March 6, 1998 from the offices of Drs. Fraser and Wooder, Mrs. Dolman’s physicians, which states that “Ms. Dolman remains disabled from work as a result of dysthymia, major depression, and a number of anxiety symptoms”.

Lear v. Lear, 2004 CanLII 14820 (ON S.C.)

He says that he has not worked since December 2002, when the company for which he worked closed its Canadian operations. He has not worked since and claims to be disabled by reason of depression.

She received an order from Mr. Justice Bolan on July 24, 2001, increasing the monthly support by $500 to a total monthly award of $1500. The hearing proceeded without Mr. Lear who had suffered an attack of some kind outside the courtroom and had been rushed to hospital.

[14] He claims to currently take several types of anti-depressants. He said his depression began in the mid-1990’s and has gradually worsened. Mr. Lear included in his application records two medical reports from his psychiatrist, Dr. Steven Connell, dated February 10, 1999 and February 21, 2001. In the first report Dr. Connell says that “presented with a depressed mood that clearly was resultant from a court case involving separation from his ex-wife. He was highly disturbed by the financial burden that he believed had been unfairly and deceptively placed on his shoulders by an ex-wife who claimed that she was unable to work full time.”

[15] Dr. Connell concludes, “His problems, in my assessment, are directly related to his experience of an interminable court battle . . . In my opinion, the psychotic condition of both he and his ex-wife would be greatly helped by a final settlement and conclusion to their relationship.”

Philip v. Philip, 1997 CanLII 12383 (ON S.C.)

[1] The issue in this case is entitlement to spousal support where no application for support is made until many years after separation.

[2] Judgment shall issue for spousal support as a result of the following combination of factors:

(iv) the wife’s inability to act in her own interest, including the asserting of legal claims, due to her undiagnosed condition of major depression coincident with the separation from her husband and continuing to the present

I hasten to repeat that the depression is an individual reaction to stressors, including marriage breakdown. It is real.

[38] I find it understandable that Mrs. Philp did not assert her claim until it was in response to the Petition brought by Mr. Philp. She was plagued by major depression. That led to virtual paralysis in the face of complications in finding a lawyer who would assist and applying for legal aid. She repeatedly exclaimed in her testimony that she was “too busy” to attend to this imperative. I find she was overwhelmed by her depression and her poverty. She wandered aimlessly.

Murphy v. Murphy, 1995 CanLII 7356 (ON S.C.)

22] Dr. Barry D. Jones, a psychiatrist on the staff of the Royal Ottawa Hospital who had been involved in treatment of Mrs. Murphy for some 6 years described her “schizo-effective disorder” as difficult to diagnose with certainty. He said it involves depression with sometimes psychotic features. She can perform quite well at times, when not under stress but when under stress, becomes depressed, angry at people she is dependent on and acts quite irrationally, contrary to her best interests. He said that while Mrs. Murphy was “competent” in a legal sense, her judgment as to what is in her own best interest is seriously impaired when is under stress. In a written report admitted into evidence, he stated:

To the extent that her tendency to enter into these states of very poor judgment is dependent on stressors that are happening at the time and given that the separation and divorce from her husband was an extremely stressful event for her emotionally, I can suspect although not confirm, that she may not have been competent at the time that she signed the agreement.

Hosannah v. Bury, 2006 CanLII 1025 (ON S.C.)

[5] Secondly, the plaintiff asserts that he suffered depression and resulting inability to work as a result of Bury’s actions. The evidence, particularly the contemporaneous medical records of his treating doctors, convincingly indicate that the plaintiff’s depression pre-dated Bury’s involvement and that it resulted from his wife leaving him and taking the children. Further, his employer’s psychiatric consultant stated “aside from his wife leaving there are no other stressors.”

Minshall v. Minshall, 2003 CanLII 2332 (ON S.C.)

Dr. Macmichaels evidence is uncontradicted that the plaintiff suffers from major depression and generalized anxiety and will never be able to work more than 20 hours per week.

Simms v. Simms, 2002 CanLII 2735 (ON S.C.)

She was also treated for depression in the time following separation and was on anti-depressant pills (which also restricted her driving) for about a year after the respondent left and later in Alberta. The applicant testified that she ended up on social assistance in Alberta and had doctors' notes to explain her inability to work at that time.

Ratman v. Ratman, 2008 CanLII 8424 (ON S.C.)

Dr. Vanderlinden then concluded that the respondent had lumbar spondylosis but that his signs and symptoms were more characteristic of lumbar facet joint syndrome. He noted that his mobility was reduced. He also noted that psychogenic pain amplification was present based on chronic anxiety and depression.

Dr. Nynkowski met with the respondent on five occasions commencing in April 2005 in preparation for his report of June 23, 2005. In accordance with the DSM IV classification of mental disorders, he had diagnosed the respondent as suffering from “chronic pain related back injury – major depressive disorder – adjustment disorder with anxious and depressed mood”. He also noted “very poor psychosocial adjustment – marital difficulties – financial difficulties – fluctuating stress”. In his report he stated:

It is my opinion, that based on the information from the file as well as from personal interviews, Mr. Ratman is unemployable at this point.

The respondent’s family physician Dr. Ochocinski issued a brief report on November 16, 2007 with regard to a meeting with the respondent on that date and he offered a diagnosis of chronic pain, depression and hypertension. In closing his brief report, he stated that the respondent is “not able to undertake any gainful employment”.

[37] While there are gaps in the medical evidence with respect to the respondent’s treatment history, particularly between 2005 and the date of trial, I am satisfied that, from the time of the parties’ separation in 2005 to the date of the trial, the respondent has been disabled and unable to engage in gainful employment.

Kelly v. Kelly, 2003 CanLII 2344 (ON S.C.)

In Exhibit E the plaintiff describes the depths of her depression.

Exhibit S is a letter dated November 5, 1991 from Dr. Marr to Dr. Aylett in which he states:

1) “That she continues to be completely uncertain about what to do since her separation. She remains separated but still has marked ties with her husband;

2) That this lady has quite a significant degree of depression and recently I changed her from Meprotyline 150 mgs h.s. to Fluoxetine 20 mgs. in the morning

The admission history is a report of Dr. Marr who states:

“- Was admitted with a very marked worsening of her depression

Kelly v. Kelly, 2004 CanLII 4328 (ON C.A.)

[14] In June 2001 Mrs. Kelly began these proceedings for support and for a further equalization payment. On September 18, 2003, the motions judge granted summary judgment dismissing her claims. He concluded that the two agreements she signed – each after having received legal advice – barred her claims

[27] In so concluding, however, the motions judge failed to come to grips with Mrs. Kelly’s mental illnesses. Legal advice is not an automatic antidote for a party’s vulnerability. Mrs. Kelly gave evidence that even with the assistance of a lawyer, neither in 1991 nor in 1997 could she bring herself to insist on proper disclosure, including a valuation of KBL. Moreover, she said that in 1991 she signed the separation agreement because she believed her husband when he told her that it would secure her financial independence; and that in 1997 she signed the addendum because she accepted her husband’s wish to pay more child support instead of spousal support, not ever contemplating that the children would leave her house less than a month later

Mrs. Kelly is entitled to the costs of the motion, which I would fix at $7,500 and the costs of the appeal, which I would fix at $9,000, each amount inclusive of disbursements and GST.

Abdilla v. Abdilla, 2004 CanLII 35086 (ON S.C.)

[10] The respondent who had been regularly employed prior to the marriage and during the marriage has not been employed since he was laid off from his employer, the Boeing Aircraft Corporation, in August of 2001.

There were numerous medical reports filed by the respondent setting out numerous medical problems faced by the respondent. He is described as having a “major depression” and becoming “dysfunctional” after his marital situation began deteriorating and after his Employment Insurance ran out. He received some psychiatric treatment for his depression. His doctor, Dr. Fiorini, described him on July 2, 2004, as “unable to go to any productive work”. Prior to this time his psychiatrist ordered that he should increase his dosage of anti-depressants. Psychotherapy was recommended as early as February 2004 but evidently this recommendation was not followed. Dr. Fiorini described him as being “unable to look for a job, for the time being, since he is so distressed over his divorce proceedings”.

[14] I, therefore, conclude that the respondent is intentionally under-employed. Regrettably, the respondent’s desire not to pay money to the petitioner is more likely than not the principal driving factor in his current refusal to seek employment.

Kohl v. Finnis, 2000 CanLII 22445 (ON S.C.)

(e) Although Mr. Kohl raises mental depression as a reason for his stated inability to earn money, his November 15, 1999 affidavit does not mention a word about sickness as a cause for inability to pay. Depression was not raised by him for eight months, until shortly before the hearing. In any event, the evidence is that Mr. Kohl did not seek the assistance of a physician initially, while he “got used to” the symptoms about which he now complains. Dr. Chawla has now referred him for psychiatric counselling. No report, however, was offered from Dr. Prakash, the specialist

[4] On this evidence, Mr. Kohl has not met the heavy onus of proof resting on him. In truth, the material discloses nothing more than a resolute refusal to pay.

Pipitone v. Pipitone, 2000 CanLII 22533 (ON S.C.)

[8] Petitioner is unable to work at the present time due to chronic depressive reaction. The marriage break down was a contributing factor to petitioner’s disability. Petitioner, therefore, has a need flowing from the break up of the marriage. Dr. Finkelstein’s prognosis was that petitioner would require a minimum of two years after this litigation to stabilize emotionally. The end of this litigation and petitioner’s return to her extended family in Toronto were factors which might contribute positively to petitioner’s recovery. Petitioner last worked in a law office in December 1997. Petitioner may require an upgrading of her skills if and when she returns to work. Given the uncertainty of petitioner’s condition any support ordered in this action should be reviewed in two years.

Benac v. Benac, 1997 CanLII 1752 (ON C.A.)

The parties separated in April of 1991.

On December 18, 1995, Susan Benac was hospitalized following increasingly apparent symptoms of depression. She was discharged on January 10, 1996, having been placed on new medication which was apparently effective.

Her father commenced these proceedings, and an order was made on January 26, 1996 by McKay J. confirming joint custody, with the principal residence of the child to be with the father.

An affidavit of the father, filed on this motion, and a letter from her psychiatrist indicate that Susan Benac was hospitalized again this winter from December 4, 1996 to January 10, 1997

R.L. (Re), 2007 CanLII 41563 (ON C.C.B.)

The following individuals testified before the panel:

• The patient Ms. R. L. ; and

• The attending physician Dr. Power.

The doctor diagnosed the patient as suffering from major depression

She was separated from her husband, who had recently brought legal proceedings to obtain custody of their ten year old son. Her former husband had refused recent requests by the patient to see her son.

On July 10, 2007, the police brought Ms. R. L. to the hospital. She admitted to emergency staff that she suffered from depression, suicidal ideation, reduced sleep, and reduced appetite. Her mother reported two recent suicide attempts by the patient, involving drowning, and an asphyxiation attempt, both accompanied by overdoses of medication

The doctor testified that Ms. R. L. was not suitable for voluntary status. The panel was in agreement with the doctor’s prediction that it was likely that Ms. R. L. would return to her home immediately, not take her prescribed medication, and make another suicide attempt

The panel relied on the patient’s past record of suicide attempts, the candour with which Ms. R. L.. admitted and described her recent attempts, and the fact that she would be returning to precisely the same stresses which had culminated in her last series of suicide attempts. The environment of hopelessness which led to her previous attempts would be replicated if she left the psychiatric facility

RESULT

The certificate of involuntary admission was confirmed

M. L. (Re), 2007 CanLII 20021 (ON C.C.B.)

Dr. Woogh gave the only evidence submitted to the Board. She stated that Ms. “M. L.” was a 42 year old separated woman with a long psychiatric history. She lives with a 15 year old son in Arden, Ontario.

She was admitted to hospital on February 7, 2007 when brought in by police. She had been at the court to testify in proceedings against her estranged husband when she became agitated. She began to speak loudly with flights of ideas. On admission she was found to be orientated in the three spheres but was easily distracted. She had been emotionally upset for several days and preoccupied with her problems with her husband prior to her scheduled court appearance to testify against him. She stated that she had been 4 days without sleep

The Board also found that the onus of proof that Ms. “M. L.” was not suitable for admission or continuation as an informal or voluntary patient was not met. The evidence revealed that Ms. “M. L.” was able to travel frequently to Ottawa to be treated by a psychiatrist on an outpatient basis.

Lees v. Lees, 2000 CanLII 22580 (ON S.C.)

[2] In August 1997, Ms. Lees signed the separation agreement which terminated her right to make any future claim for spousal support. Her counsel now argues that the contract was unconscionable in its formation and also in its effect. Even though she had recourse to a lawyer to discuss the breadth of the agreement, Ms. Lees at the time was under extreme emotional and financial duress

[16] Ms. Lees indicated that during this period of time she was struggling. She was trying to tele‑market. She was not successful in that field. The bills were tight. She was depressed. She tried to take her own life by taking an overdose of medicine. Fortunately, she survived that episode. By March 1997, the pressures had not diminished. She consulted her family physician. She was prescribed anti-depressants. She ultimately signed herself into the psychiatric ward at Markham-Stouffville Hospital on March 12.

39] She left Mr. Lees’ household in a state of shock. Her stress level was high. She knew that she had lost everything. She attempted suicide on September 28, 1997. She jumped out of a window on her second floor. The result was that she broke vertebrae in her back. She had a spinal fusion. She also crushed the heal bones in both of her feet. Her diagnosis is as an incomplete paraplegic.

Kopunovic v. Cukotic-Kopunovic, 1996 CanLII 8076 (ON S.C.)

[11] In January 1984 the husband declared that he wanted to separate. The wife was devastated. For almost the next 3 years she received regular medical assistance and took antidepressants.

G.R.D. v. J.D.T., 2006 CanLII 29655 (ON S.C.)

I accept Ms. G.R.D.’s evidence that, when they were living together, on occasion, he would swear at her, call her despicable names, belittle her, and threaten her psychologically. In this regard, I accept the evidence of Ms. G.R.D. and reject Mr. J.D.T.’ denial that he had ever acted in this fashion. I find that this abusive behaviour on Mr. J.D.T.’ part contributed to Ms. G.R.D.’s sense of worthlessness and isolation and it fuelled Ms. G.R.D.’s depression

[55] In regard to the D. home, I am concerned about an on-going depression on Ms. G.R.D.’s part and the extent to which this drains her energy. Her evidence, as well as her demeanour in court, leads me to conclude that her depression continues and reduces her ability to juggle competing demands, such as working, studying and caring for J.T..

Davignon v. Davignon, 2000 CanLII 5640 (ON C.A.)

[3] The wife suffers from health problems that include

fibromyalgia and depression. She did not work during the

marriage (from 1967) and has only worked sporadically since the

separation. It is implicit in the trial judge's reasons that he

concluded that she could not be gainfully employed.

Daulby v. Daulby, 2007 CanLII 52431 (ON S.C.)

At the time of hearing this motion, the applicant has deposed that he is still receiving disability benefits. His counsel indicated during argument that the applicant’s present disability was due to stress and depression resulting directly from the breakup of the marriage in the summer of 2007.

Lance v. Cox-Lance, 2007 CanLII 22345 (ON S.C.)

[6] On the other hand, Mr. Lance claims his depression, stress and other health problems prevent him from full employment and he could earn no more that $20,000 per annum in his present condition.

There is no satisfactory medical evidence to support his claim that because of stress and / or depression, he is unable at this time to be fully employed. Whatever impact the separation may have had on him, in the sense of effecting his ability to work from stress owing to his involvement in the criminal justice system or his depression because he was not seeing his children, both are now history

K. v. K., 2004 CanLII 12506 (ON S.C.)

[9] There is compelling evidence before the Court that the husband suffers from a major depression and is medically disabled from carrying on his orthodontic practice. The husband’s professional governing body has convened a fitness to practice proceeding and has ordered an independent psychiatric assessment by Dr. Brandes, an expert in the diagnoses and treatment of depression. In his report dated March 9, 2004, he makes it clear that the husband is clinically depressed and he advises the husband’s professional governing body that he should not be permitted to resume his orthodontic practice at this time. The reports of several additional medical experts support this diagnosis. The wife argues that the husband’s medical condition, while perhaps not malingering, is at least brought about by his unwillingness to accept his inability to get his own way on the support and access issues which confront the parties. It is said that he has threatened in the past to abandon his work if he continues to be treated badly, particularly in reference to issues involving the children

[10] I accept the overwhelming evidence that the husband has a serious clinical depression triggered no doubt by the desperately unhappy and bitter situation that has enveloped this family

Lakhani v. Lakhani, 2003 CanLII 2161 (ON S.C.)

In addition, as a result of stresses related to difficulties experienced with the eldest daughter, and stresses related to the marriage and its eventual breakdown, the wife has been treated for depression since at least 1994

M.C. v. D.C., 2003 CanLII 2030 (ON S.C.)

[33] More pressing, according to Mr. Reid, is the lack of parenting ability the mother is experiencing due to the conflict between the parents as to how to best parent these children. In particular, S.J.C.’s medical condition remains untreated. Dr. Steele suggests that S.J.C. should continue to receive counseling from Ms. Monique Presse to help him deal with his anxiety, and that he should be started on an antidepressant medication called Celexa with a follow-up appointment in one month.

B.J.F. v. B.M.A., 1999 CanLII 15033 (ON S.C.)

Dr. Brooke explained that during this telephone conversation, the wife had regressed into childhood, a time when microwaves did not exist and therefore he had to explain its operation to her. Dr. Brooke was fully aware at this time of the child abuse allegations and had diagnosed the wife at that time as being confused, severely depressed, unable to concentrate or to recall events or to think logically. It was his opinion that during the summer of ‘90, she was acting irrationally and would not have been capable of appreciating the consequences of a legal contract because her judgment was impaired; her situation called for medication and he did prescribe a fairly strong drug because in his opinion, she was extremely ill

[14] The opinion of Dr. Brooke was supported by the psychiatric opinion of Dr. Ligate, who first started to treat the wife in November ‘90.

[15] It was when the wife was the most seriously conflicted that she had ever been in her entire life, that she was confronted with the demands of her husband to enter into a final separation agreement. She recognized that she was unable to do so and communicated that fact to her husband, as did her lawyer, in writing.

Taylor v. Taylor, 2004 CanLII 42952 (ON S.C.)

[29] In a report filed by the wife, Dr. Alexander Maend stated that the husband, based upon the information given, “displayed typical behaviour of manic depression.”

[30] The separation, which would have seemed inevitable to any objective observer, finally occurred. The husband left the matrimonial home in March 2001

37] While the mental health of the husband was a shambles, that of the wife was, at times, precarious. She seems to have reached her emotional nadir in 2002 when the enormous stress under which she had lived since 1993 culminated in a deep depression and a suicide attempt

P (Re), 2005 CanLII 56604 (ON C.C.B.)

Dr. Woods reported that after separating from his wife he became depressed. Mr. P. was prescribed anti-depressants. He also began to drink more heavily

RESULT

The Panel finds Mr. P. incapable of managing his property and incapable with respect to a treatment

C.D. (Re), 2004 CanLII 56555 (ON C.C.B.)

At the time of the hearing, Ms. C. D. was thirty-one years old, separated, and the mother of four children who were recently made Crown wards.

Dr. Blichowski stated that Ms. C. D. has had several admissions to psychiatric facilities prior to 2002 for treatment of depression. She has attempted suicide on several occasions prior to her current admission

For all of the above reasons, the Board is of the view that the prerequisites for involuntary status were met at the time of the hearing and the patient’s involuntary status is confirmed.

Jeffries v. Jeffries, 1997 CanLII 12251 (ON S.C.)

On August 24, 1994 they separated.

7] In June, 1994 the wife was accepted for the semester commencing August 29, 1994. She started the course five days after the separation but dropped out in January, 1995 because she was unable to cope with the pressure resulting from the separation, court proceedings, access problems, strained relations with Marly, lack of money and the school work load.

In July 1995 she attempted suicide.

Mackrell v. Frederick, 2005 CanLII 14141 (ON S.C.)

She had a very difficult time in 1998 when she separated from a gentleman she had been with for seven or eight years. There was a cry for help in the form of a medication overdose. The hospital records speak of her slashing her wrists but she does not think she did and there are no scars to show. Her doctor who attended her then has no recollection or notes of her slashing her wrist. No doubt the applicant was unwell. She attended appointments with her doctor and had some psychotherapy as well. Medication has been prescribed and adjusted as her doctor and she respond to her health needs

Ranieri, Re, 1994 CanLII 1220 (ON L.S.D.C.)

The Committee was influenced by the Solicitor's personal difficulties - he was on welfare, separated from his wife and under treatment for depression. It recommended an order for suspension under section 35 of the Law Society Act, and that, should the Solicitor return to practice, he not practice alone. Convocation ordered the Solicitor's rights to practice be suspended until he can satisfy a committee of Convocation that he is fit to resume the practice of law

Chernoff, Re, 1991 CanLII 385 (ON L.S.D.C.)

RECOMMENDATION AS TO PENALTY

The Committee unanimously recommends that Stephen Anthony Michael Chernoff be disbarred

Mr. Chernoff lived together with his wife for eight years prior to their separation in 1986.

Following the breakup with his wife, his girlfriend ended her marriage, but the relationship became stormy. , … , After five months living together, Mr. Chernoff moved out of the girlfriend's house and the relationship was "on again, off again" until the middle of December 1990 when it was finally ended.

The aspects of his personality that predisposed him to depression and represent part of the context for his inappropriate professional conduct are the focus of the psychotherapy. He has agreed to continue to receive psychotherapeutic treatment.

Re S.(B.), 1996 CanLII 8689 (ON S.C.)

The parents had a turbulent relationship, troubled from the start by poverty, unemployment, inter-personal conflict, the mother’s depression and the medical problems of their son (the older of their two children) who required constant supervision

During the last separation, a baby-sitter told the father (who was then homeless and living in his vehicle) that the mother had abandoned the children

[17] I am satisfied that a “finding” can be made in relation to the mother pursuant to clause 37(2)(b); she was the “person having charge” of the children; she abandoned them and, by so doing, she failed to care and to provide for and adequately to protect both B.S. and M.S

Simons v. Simons, 1999 CanLII 14978 (ON S.C.)

[31] Mrs. Simons is not employed. She has health problems which include fibromyalgia, chronic depression and stress. She has recently been obliged to withdraw from at least one educational course due to her condition.

Dunn v. Menear, 2000 CanLII 22595 (ON S.C.)

[9] 9 By the fall of 1998, the parties were living separate and apart under the same roof and the applicant had advised the respondent of her desire to separate. The respondent was unable to accept this decision and became depressed. Throughout the year his behaviour became more and more bizarre and threatening to the applicant. Verbal attacks escalated to intrusive behaviour particularly when she was trying to sleep and finally culminated in a physical assault in December of 1999.

[10] 10 The respondent was charged with this assault and simultaneously the applicant moved ex parte for possession of the matrimonial home and interim custody of the children.

[11] 11 Despite bail conditions which prohibited contact, the respondent continued to enter the home leaving notes for the applicant and to follow her about the city of Orillia. He was arrested in mid-January and charged with breach of recognizance and again in February and charged with criminal harassment plus a second breach of recognizance. His bail was reviewed in April and he was released on the condition that he not attend within the city of Orillia.

Maurice v. Maurice, 2003 CanLII 2418 (ON S.C.)

He has filed a report from a psychologist indicating that he was treated on two occasions for depression. The respondent deposes that he made $9,165.00 in 1993, $8,056.00 in 1994, $9,057.00 in 1995, and $5,852.00 in 1996.

[16] While I am satisfied that the respondent was indeed experiencing some personal difficulties during this period, my review of the evidence filed by the applicant satisfies me that his income earned throughout that period exceeded that reported. I attribute income to the respondent for each of those years of $10,000.00. Using these figures plus the respondent’s reported figures for 1997 through 2003, the support owing by him to the applicant for their three children is $45,093.00.

Ferguson v. Ferguson, 2008 CanLII 12836 (ON S.C.)

[12] After the separation, the wife tried to work at Tim Horton's from September to November 2003. She was unable to continue. She next worked at Petsmart from May 2004 to October 2006. She lost her employment there as a result of a misunderstanding.

[16] The wife suffers from arthritis, depression and anxiety. She has severe and increasing pain in her shoulders, forearms, knees, joints and low back. She has panic attacks and severe headaches.

[17] Unfortunately, the hope of Dr. Hicks was not fulfilled. He testified as to her current condition. He sees her regularly in his office for treatment. Her pain and depression has significantly worsened.

Cavanagh v. Cassidy, 2000 CanLII 22514 (ON S.C.)

[1] At issue in this case is the extent to which non-compensatory support should be paid to a spouse who allegedly suffers from depression and chronic fatigue syndrome and maintains that she is unable to obtain gainful employment, following a relatively short marriage

She is prescribed Prozac and Elavil to deal with her depression. The most recent medical report is dated September 20, 1999 from Dr. Elizabeth Esmond, a child psychiatrist, which confirms that she suffers from a depressive disorder, stated to be “complicated bereavement combined with chronic fatigue syndrome. This reports stales:

The depression and bereavement issues make it difficult for her to concentrate and organize for the demands of activities such as would be required in a work situation. She has low energy and she tires easily, due to a combination of her depression and her physical problems.

Valenti v. Valenti, 1996 CanLII 8082 (ON S.C.)

[75] Following the separation, the wife suffered from depressive symptoms with frequent fearfulness, poor concentration, fatigue, anxiety, tension, and sleep disturbance. She was tense and withdrawn, she had feelings of worthlessness and hopelessness and thoughts of suicide. She sought psychiatric help. The diagnosis was major depression with a history of an abusive marriage. She was prescribed Prozac, an anti-depressant, and underwent psychotherapy.

[76] The wife and both children attended Alateen and Alanon for 8 months. The wife and daughter also sought group counselling for victims of violence.

[77] The wife presently suffers from symptoms of post-traumatic stress disorder which are mild to moderate.

[78] For pain, suffering and loss of enjoyment of life, the husband shall pay $10,000 to the wife

Trick v. Trick, 2003 CanLII 2260 (ON S.C.)

23] When the parties separated, the wife was not employed.

Ultimately the collapse was attributed to stress, anxiety and fatigue. She was off work for two weeks, and had to leave her job in February due to illness.

In about March 1997 she was prescribed Paxil for what her doctor termed severe anxiety and clinical depression. She received disability insurance benefits of $800 a month from June 1997 until fall of 2000, when the payments were terminated.

The applicant tried several part time positions of employment after her disability benefits ceased, with little success.

P.F. v. E.J.J.F., 2003 CanLII 2115 (ON S.C.)

[67] Dr. Barker was retained in August 2001 taking him on as a patient at the request of his patient E.G.. Dr. Barker put him anti-depressants and supported E.J.J.F.’s position that his lack of concentration would make it unsafe for him to work in a heavy construction type of environment.

Chase (Wade) v. Chase, 2005 ONCJ 504 (CanLII)

Husband ultimately “betrayed” wife by suddenly leaving her, child and home for companionship of another woman — This experience had rendered wife emotionally fragile — Husband did not dispute medical evidence of her severe stress, depression and anxiety that demonstrates her inability to carry on gainful employment at this time — Court concluded that, under these circumstances, wife was entitled to spousal support

Bowman v. Cheluk, 2003 CanLII 1938 (ON S.C.)

Dr. Morin’s diagnosis is preferable to that of other medical practitioners with respect to the severity of his depression. The worsening depression diagnosed by others I have no doubt related to this on going litigation

He first attended her office in June 2001 one month after his separation. Kenny presented to her, as a man overwhelmed by his physical and psychological problems- a man who was disabled.

[35] She was of the opinion that this litigation has been a barrier to his proper treatment.

Armstrong v. Armstrong, 2004 CanLII 12100 (ON S.C.)

[16] It is clear from the husband’s testimony that he loves his children dearly and that he suffers from some form of disability and depression.

Mrs. Armstrong appeared to argue that Mr. Armstrong was physically able to work but then argued that he might not be able medically to care for the children.

Santiago Araya v. Gaete, 2005 CanLII 4581 (ON S.C.)

This may have contributed to the difficulties she has faced in securing full-time employment. In addition, the letter from the psychiatrist also cites the breakup of the marriage as a contributing factor.

Lanfrey v. Lanfrey, 2006 ONCJ 522 (CanLII)

For the first four years after separation, the applicant mother had all four children in her care. The respondent father indicated in his evidence that he suffered bouts of debilitating depression during this time and, although he did not make regular payments until a support order for $200 per month was made by Provincial Judge Ronald E. Stauth in 1996, he testified in his affidavit that he did contribute to the care of the children.

Harris v. Harris, 2006 CanLII 9141 (ON S.C.)

[139] There is evidence as well, in the form of a letter from the Husband’s family physician to the effect that, in early 2004, the Husband was suffering from clinical depression and was, according to his family physician, unable to work at that time.

Aneziris v. Aneziris, 2007 CanLII 250 (ON S.C.)

15] The husband says that he has been seeing a psychiatrist, Dr. Soulios, since 2004, for anxiety disorder and depression. This evidence is set out in a brief letter from Dr. Soulios dated September 20, 2005. Dr. Soulios states that this prevents the husband from “going back to his regular job which is as an electrician.”

J.H. (Re), 2007 CanLII 52960 (ON C.C.B.)

Dr. Malone stated to the Board that Ms. “J.H.” was a 44 year old separated mother of two young sons admitted to the Brockville Mental Health Centre on October 23, 2007.

She had made attempts of putting a sheet around her neck and cutting her wrists. Numerous psychosocial stressors were noted, including a prolonged divorce proceeding, deteriorating financial situation, disruption of her career due to illness, and Children’s Aid Society involvement

There was no doubt that Ms. “J. H.” was in a difficult financial position but the Board found that this was due to her inability to work because of her mental disorder and her difficult divorce proceedings rather than financial mismanagement.

Arnold v. Arnold, 2004 CanLII 5026 (ON S.C.)

On the other hand, the husband has suffered depression since the separation and there have been concerns about suicide. I must consider that too much financial pressure upon him might have unfortunate consequences

Varsanyi v. Varsanyi, 2006 CanLII 34285 (ON S.C.)

[5] The applicant wife has been unemployed since 1991. She is presently seeking employment but has been absent from the workforce for some time and suffers from depression and Type 11 diabetes

Eccles v. Eccles, 2002 CanLII 49548 (ON S.C.)

[23] I accept her testimony that this was a profoundly difficult time in her life emotionally and that it also, to her surprise, awakened the trauma of her childhood abuse. The consequence was that she became depressed to the point that she could not get out of bed. Ultimately, she needed and received counselling which is continuing. This unexpected turn of events in her life was debilitating and among other things, delayed her ability to become self sustaining in the job market

[26] Counsel for the applicant submits that her inability to find a job does not arise out of the marriage. I do not agree

Benmergui v. Bitton, 2008 CanLII 11639 (ON S.C.)

[1] Ms. Benmergui and Mr. Bitton seem to have had an unhappy marriage and, sadly, their anger and bitterness towards each other have not abated since their separation. Their emotions were barely below the surface for much of this trial. Both often broke down in tears, sometimes sobbing so much they could not carry on. Mr. Bitton twice made references to being so distraught that he might kill himself during the trial; Ms. Benmergui dramatically appealed to the court over and over to help her, as she was “a single mother raising three children alone”. Both have repeated that they “believe in justice” and have turned to the court to “do the right thing” and put an end to the suffering that each believes the other has caused

Mcclenahan v. Clarke, 2004 CanLII 25843 (ON S.C.)

The symptoms result from the combination of sleep deprivation and heightened stress. Since 1999, Ms. Billes has been on various medications as a result of this condition: Effexor as an anti-depressant, Trazodone as a nighttime sedative, Zyprexa as an anti-psychotic, Oxazepam as a sedative and Procyclidine as an anti-Parkinson drug to counteract the side effects of Zyprexa. The medications have averted any recent psychotic episodes.

Her depression was in remission due to the medications she was taking.

[235] Dr. Quan was concerned about Ms. Billes’ excessive passivity, and concluded that this, coupled with her sleep deprivation, ongoing back and leg pain and heightened emotional distress would mean that she could not properly direct the course of litigation

[237] The evidence satisfies me that Heather Billes is not able to support herself through her own efforts, and has not been able to do so since the separation

Prentice v. Coovadia, 2006 CanLII 23255 (ON S.C.)

[11] John entered the GNGH on June 5, 2000 as a voluntary patient. He had an appointment to see Dr. Coovadia on June 27^th. He felt that he could not wait that long and went to the hospital on June 5^th.

[12] John was found hanging in his room of the Psychiatric Wing of the hospital on June 10^th and died two days later.

[15] John and Heather separated in the fall of 1999. Heather had gone to a lawyer to have a Separation Agreement drawn up. Mr. Gayder was the lawyer.

[24] Doctor S. Chakraburtty also saw him on June 5, 2000. He made the following observation: “has been quite suicidal”. The doctor also noted, “He says he had a noose around his neck last week.” The admission diagnosis was “depression with suicidal ideation”.

[25] As stated John was admitted to the Psychiatric Unit, but not as a formed patient; that is, one that is restricted from leaving the hospital. Although on the admission form it states, “Form 1 if he tries to leave” (see Exhibit 1, Tab 1, page 6

[102] That leaves the issue as to whether the GNGH is vicariously liable to the plaintiffs. The plaintiffs state that the Treatment Team failed to provide proper measures to protect John from self-harm, the level of observation and providing the proper care

Green v. Ottawa Police Services Board, 2007 CanLII 38940 (ON S.C.)

[5] In 1995 she began seeing a psychiatrist, as needed, following her separation from her second husband. Initially she consulted a Dr. Krul and then began to see Dr. Paul K.B. Dagg, a psychiatrist at the Royal Ottawa Hospital. He prescribed a changing variety of medications. In 1998 she was granted disability benefits under the Canada Pension Plan.

Little v. Little, 2002 CanLII 2797 (ON S.C.)

The wife also has suffered from depression and anxiety since approximately the time the parties separated. She takes medication regularly for these conditions, and, according to the family doctor, her poor health affects her ability to be gainfully employed.

Royston v. Royston, 2003 CanLII 1978 (ON S.C.)

Spousal Support

[52] Both Canada Pension and London Life have determined that Mrs. Royston is disabled and unable to work at this point in time. The evidence before the court, particularly from her treating physician is that Mrs. Royston suffers from depression and anxiety of a nature, which at the current time, does not permit her to work outside the home.

C.J.S. v. S.S., 2005 CanLII 15468 (ON S.C.)

Counselling

[20] Ms. C.S. sought counselling during the marriage and some time following separation. She saw Sheila O’Donovan weekly from October 2003 until January 2004 and biweekly thereafter for a time. Ms. C.S. seems to have stopped seeing Ms. O’Donovan shortly after the Report of the Children’s Lawyer was prepared in April, 2004.

[21] Ms. C.S. also saw Jean Allan, a psychotherapist, through the Employee Assistance Plan at Bell. Ms. Allan testified. Ms. O’Donovan did not. It appears that the couple sought some marriage counselling as well but it was not successful.

[22] Ms. C.S. suffers from depression, for which she takes medication. On the recommendation of her family physician, she has seen a psychiatrist on one occasion.

[23] Ms. Allen testified that she provided counselling to Ms. C.S. for issues relating to self esteem, anxiety, stress management and parenting.

Fisher v. Fisher, 2008 ONCA 11 (CanLII)

[14] The separation came as a shock to the appellant, who had planned to leave her employment to join the respondent in a new home they had purchased to accommodate his Toronto employment. Several months after separation, the appellant became clinically depressed. She took disability leave from October 2004 to September 2005

In addition, the appellant was economically disadvantaged by the reactive depression she suffered after the separation. The resulting interruption to her employment reduced her income, at least in the short term.

[48] It follows that the economic disadvantages from the marriage breakdown were more pronounced for the appellant, particularly regarding the reduction in her standard of living.

However, the trial evidence established that the appellant did not wilfully leave her employment, but rather, that she was disabled by depression

[79] In these circumstances, the appellant was entitled to an appropriate level of spousal support from the October 2004 date of commencement of interim support

J.M.G. v. F.F.G., 2001 CanLII 28220 (ON S.C.)

[92] On cross-examination, the doctor testified that he first treated the husband for anxiety in July 1997 and prescribed medication with two repeats. He did not see him again for anxiety until August 1998. In June 1999, he treated him for gastric problems. In March, June and September 2000, he again saw him for anxiety and depression. In December 2000, the husband began to suffer borderline hypertension. In February 2001, he suffered from gout. The doctor testified that the underlying diagnosis is stress

[94] I accept that the breakdown of his marriage, the ongoing problems over access and the litigation have caused the husband stress, anxiety and depression

Hassan v. Mufti, 2008 CanLII 29771 (ON S.C.)

[18] The Respondent asserts that although she was suffering from situational depression related to the problems in her relationship, she sought treatment including regular psychotherapy, group therapy and medication, and has now recovered fully. Dr. Susan McNeil, a Psychiatrist at the Ottawa General Hospital, has been providing ongoing treatment to the Respondent, and has provided a letter which supports this claim by the Respondent.

Phiroz v. Mottiar, 1995 CanLII 7037 (ON C.J.)

Six years ago, when she faced financial difficulties while living in Québec, she tried to apply for child support, but her lawyer at that time persuaded her that, because the father denied paternity and refused to submit to blood tests, her case was weak and should be withdrawn. Her depression deepened and she received medication to recover from a nervous breakdown. Finally, a year ago in Ontario, she began a fresh application in which blood tests finally established the man’s paternity. At this point, the father wanted to see his son, then fourteen years old but, although the mother encouraged access, the boy refused to see his father.

Wylde v. Wylde, 1984 CanLII 91 (ON C.J.)

[3] The mother and father were married in 1969 and separated in 1980.

In July of 1980, he became so depressed as to be immobilized and his wife took him to the applicant’s residence in Kimberley, Ontario as she was unable to cope with his behaviour. The grandmother at this time attempted to get the parties to reconcile their matrimonial difficulties and, in fact, chased the mother in her vehicle.

Scott v. Nicholson, 1995 CanLII 7445 (ON C.J.)

[3] The applicant mother experienced some health problems after the separation that resulted in her hospitalization for approximately six months. This included a ten-day admission to the Lakehead Psychiatric Hospital in Thunder Bay with a possible diagnosis of schizophrenia. The applicant did not agree with the diagnosis and stated that she suffers from depression.

Ali v. Williams, 2008 CanLII 13609 (ON S.C.)

Mr. Williams left his job with PlateSpin in December 2006. He indicated that he quit before he was fired. He became increasingly depressed when he wasn’t seeing his children and it was interfering with his work. He did not apply for any sick benefits or request a leave of absence. The absence in December was explained by a medical note dated February 13, 2007, from his family doctor, that states simply that Mr. Williams “recently has been unable to work because of depression secondary to personal family stress issues”.

L.B. (Re), 2007 CanLII 22321 (ON C.C.B.)

The Applicant is a 48-year-old man who has been separated from his wife since January, 2006. He lives alone and has a four-year-old son who resides with his spouse. Legal proceedings are on-going with respect to the custody of his son. The Applicant is estranged from his sister and has a tense relationship with his parents. Neither of his parents would agree to be the SDM

The incident on the Bluewater Bridge occurred shortly afer his marriage ended and his wife said she would take her son to Mexico. It was the lowest moment in his life. But he came back over the railing. He wanted to live

In the past, during an October 2005 admission, he expressed thoughts of wanting to jump off the bridge. In December, 2006 he called a lawyer friend and said he was going to kill himself. He also asked his father to shoot him. These expressions of wanting to die are very serious and they did not occur in the distant past. The Applicant’s mental health problems continue in that he has been admitted to hospital twice this year

In February, 2006 he was as well as he is now so that he was given a pass because there was no warning or premonition of his doing something harmful to himself. The result was the suicide attempt on the bridge. The Applicant’s past history shows that he suffers from much stress. His marriage break-up, the custody dispute, etc. This only increases the risk of his harming himself

CONCLUSION

For all of the above reasons the Board is of the view that the prerequisites for involuntary status were met at the time of the hearing. The Applicant’s certificate of involuntary status is hereby confirmed

Elder v. Elder, 2005 CanLII 48920 (ON S.C.)

[5] The matter came before Dawson, J. on May 13, 2005. The husband sought an order suspending the temporary spousal support order issued by Dunn, J. or in the alternative reducing the amount to $1000.00 per month

At paragraph 3 of his endorsement, Dawson, J states as follows:

The order for temporary spousal support also provides, in paragraph 4, that, “The respondent shall provide the Petitioner with reports of Dr. Kudrym and Dr. Werry as soon as possible”. I am satisfied that this provision was inserted in the order to reflect the fact that the petitioner consented to the payment of temporary spousal support on the basis of the Respondent’s assertion that she is unable to work full time due to depression. The Respondent swore in her affidavit of November 6, 2004 that the two physicians named in the order supported this contention, but reports were not provided at that time. I understand that Dr. Kudrym has since refused to prepare a report, not wishing to become involved in the litigation, and that Dr. Werry has declined to continue treating the Respondent because she left Beacon House where Dr. Werry had referred her for completion of a 90-day treatment program. As a result, paragraph 4 of the order for temporary spousal support has not been complied with.

[6] Dawson, J. adjourns the husband’s motion sine die and orders that the wife provide a report from a psychiatrist or clinical psychologist. Dawson, J. sets out the procedure the parties are to follow in this regard. At paragraph 4 of his order, Dawson, J. orders the following:

If the parties are unable to agree on a psychiatrist or clinical psychologist, the Respondent shall provide the Petitioner with a report from a qualified psychiatrist or clinical psychologist at her own expense, within 60 days of the date of this endorsement, addressing the issue of whether the Respondent is able to undertake full time employment. If such a report is not provided, of if the report does not support the Respondent’s position that she is unable to undertake full time employment due to depression, the Petitioner may bring this motion back on on four days notice.

[7] Dr. Michael Ross prepared a report dated July 28, 2005. At pages 18 and 19 of the report, Dr. Ross stated as follows

In effect, if Ms Elder derives good benefits from treatment she could be back at work on a full-time basis in an appropriate position well within the next year. Without such treatment it is unlikely that she will obtain and maintain such a position in the future. In that case, she might develop Chronic Major Depression with significant psychiatric disability that would compromise her ability to ever work in the competitive job market again in a suitable position

28] The wife submits that the husband should contribute to the cost of the therapy, which is estimated at $7,500.

[31] With respect to the treatment program recommended by Dr. Ross, it is essential that the wife commence those treatments forthwith.

[32] With respect to the costs of the program, the wife will be entitled to access family property to pay for the treatment.

Ierullo v. Ierullo, 2006 CanLII 33301 (ON C.A.)

[13] Attached to the appellant’s affidavit of December 20, 2004, is a letter from her family physician that states that the appellant tried to attend nursing school but that between school and taking care of the children, her anxiety and depression worsened to the point that she was “overwhelmed” and “severely depressed”.

Vitagliano v. Di Stavolo, 2001 CanLII 28202 (ON S.C.)

Mr. Vitagliano finally made it clear to Ms. Di Stavolo in April 1997 that the marriage was over. Ms. Di Stavolo became very depressed. She was under medical and psychiatric care for approximately three months, during which time she was away from work, on medication and unable to care for the children

Bascello v. Bascello, 1995 CanLII 7359 (ON S.C.)

[18] A report filed by the wife’s doctor concludes with the following statement:

Mrs. Bascello is suffering from a significant amount of acute chronic anxiety and depression secondary to external factors in an unhappy marriage situation.

Dor v. Traynor, 2008 CanLII 13614 (ON S.C.)

In support of his argument, Mr. Traynor cited a letter dated December 17, 2007 from a physician indicating that Ms. Dor was clear of any signs of depression.

[49] The court finds that the letter of December 17, 2007 is not relevant to the issue of Ms. Dor’s physical ability to work. The court finds that Ms. Dor has shown, on a balance of probabilities, she is currently unable to work.

Sasonow v. Sasonow, 2000 CanLII 22583 (ON S.C.)

[6] Mr. Sasonow seems to accept that his former wife had substantial health problems. He acknowledges that he was consulted by her psychiatrist about her depressed mental state. To his credit, he does not deny the extent of her problems. It is easy to see still an almost malignant outlook on the part of Mrs. Sasonow. She insists she is still beset by severe stress and anxiety “consequent upon the separation and the divorce”.

Dolson v. Dolson, 2004 CanLII 33778 (ON S.C.)

[10] The Wife was devastated by the separation of April, 1995. While she knew the marriage had problems, she was shocked when the Husband left. She was depressed by the separation, and was prescribed anti-depressants by her doctor. Medical records filed indicate that she was still dealing with the emotional fallout from the separation 5 years later, where her physician notes that she was suffering from anxiety and depression, related to the fact that that her mother blamed her for the separation

Nitsopoulos v. Alousis, 2000 CanLII 22566 (ON S.C.)

As well, the respondent has been diagnosed as suffering from a reactive depression, presumably brought on by his financial and matrimonial difficulties. He is on medication and according to his doctor is not now (and will not for a period of approximately three months) able to work at full capacity

C.A.P. v. J.D.P., 2006 CanLII 12719 (ON S.C.)

[2] In early May 2003, the defendant/ mother was hospitalized overnight. There was a concern that she had attempted to commit suicide

Simpson v. Grignon, 2007 CanLII 17038 (ON S.C.)

Mr. Simpson believes that Ms. Grignon is unable to work due to problems of depression and anxiety and he believes that her mental health declined to the point of requiring hospitalization on two occasions in the fall of 2005.

W.F. (Re), 2005 CanLII 57690 (ON C.C.B.)

At the time of the Hearing, Ms W.F. was 31 years old. About a month earlier, Ms W.F. separated from her husband and moved into an apartment of her own.

This was Ms W.F.’s third hospitalization. All three took place recently

Bhasin v. Bhasin, 2006 CanLII 3270 (ON S.C.)

[23] Finally, I am satisfied that this case is one that should proceed to trial expeditiously. The litigation has been ongoing for some time. The wife’s health is failing. The husband submits that his health is also failing. He has filed two medical reports from Dr. Panjwani, Staff Psychiatrist, Trillium Health Centre, one dated September 6, 2005 and one dated December 20, 2005.

[24] In his report dated September 6, 2005, Dr. Panjwani states in part:

The present depressive episode has been continuous and pervasive due to loss of family support and occupation, financial crisis, ongoing litigation, and poor physical health due to apathy. He has lost interest in doing things. He has had difficulty falling asleep. His sleep pattern remains fragmented and non-restorative. He has trouble concentrating and remembering recent events. He has become forgetful and absent-minded. He feels restless and tense. He complains of frequent headaches and dizziness. He has had repetitive, senseless thoughts. He feels helpless and hopeless. He also feels worthless. The recent stresses have undermined his self-esteem and self-confidence. He has felt suicidal on and off but denied having any suicidal plans or intent., …

Mr. Bhasin is presently totally disabled to pursue any gainful employment. His long-term prognosis remains guarded. , …

Beal v. Beal, 2005 CanLII 30326 (ON S.C.)

He was experiencing significant depression and was under the treatment of a psychiatrist. At the time that he left the marriage, the youngest of the four children was 13, all of them were at home and three of them were dependant.

Colquhoun v. Colquhoun, 2007 CanLII 30 (ON S.C.)

[216] There was no evidence that the respondent had made any effort to find employment since his termination at Northern Communications. He admitted he had not prepared or sent out job resumés. He and his common law wife suggested that he suffered from depression and stress generated by the separation and these proceedings

Zeray v. Khassay, 2007 CanLII 38404 (ON S.C.)

He stated that in 2006 he was depressed and unable to work the long hours required of taxi cab drivers, and also that he needed money to purchase household goods since he no longer had access to the matrimonial home.

B.A. (Re), 2008 CanLII 7372 (ON C.C.B.)

The Applicant is a 43-year-old man who is separated from his wife. He has an eighteen year old daughter. This is his first admission to a psychiatric facility.

The Applicant has improved in that he is less angry and presents better. However, his delusions are still present. The delusional disorder is resistant to treatment.

He needs stability but unfortunately he has severed ties with his daughter who was the stabilizing factor in his life.

ANALYSIS

The panel is of the view that the Applicant suffers from serious mental disorder of a nature or quality that likely will result in serious bodily harm to another person.

A.B. (Re), 2003 CanLII 54039 (ON C.C.B.)

Dr. Hope obtained information from the patient’s wife and other family members indicating no evidence of mental illness prior to August 2002 when the patient doused himself with flammable gas and set himself on fire, with the result that he suffered extensive burns and was on life support systems for two weeks, required a further one month rehabilitation period in hospital and thereafter has received some treatment for his mental disorder

The patient’s explanation as to where he would live and how he would exist if released from the hospital was confusing and ill conceived. Although the patient claimed that he had separated from his wife and would not permanently return to the matrimonial home, he indicated he would attend to pick up his clothes and he gave no assurance that he would stay completely away from his wife

She stated that the patient has escalated in his anger and persecutory ideation regarding his treatment and hospital stay to such a degree that his wife and the attending physician fear for their safety.

With the exception of the two incidents with his wife, there was no history of actual physical violence and with the exception of the one fire incident, there was no history of attempted suicide

CONCLUSION

For these reasons, the Board unanimously determined that the requirements set out with respect to involuntary status under the Mental Health Act were met at the time of the hearing and the patient’s involuntary status was confirmed

Nasser v. Mayer-Nasser, 2000 CanLII 5654 (ON C.A.)

[7] Beginning in 1995, Mr. Nasser did not eat at home and began

to stay away from the matrimonial home until late at night. As a

consequence of her fractured relationship with Mr. Nasser, Ms.

Mayer-Nasser became depressed. She testified that Mr. Nasser

threatened her with litigation.

9] In January 1996, Mr. Nasser, using a lipstick, wrote what

Ms. Mayer-Nasser thought was a threatening Arabic proverb on a

bathroom mirror. When Ms. Mayer-Nasser saw this, she collapsed

and on January 16, 1996 in a state of depression she jumped from

the Brimley Road - 401 bridge. She is a paraplegic.

Riberdy v. Riberdy, 2001 CanLII 28211 (ON S.C.)

11] The applicant accepted the $4,200.00 and tried to cash the first $900.00 cheque on September 1, 1997. When the respondent attended on the applicant to sign the “clean” copy of the agreement she refused. He stopped payment on each support cheque. The respondent testified that at that point the stress of the family circumstances caused a consequent depression and he went on sick leave from his employment until February of 1998.

Stanford v. Roy, 2005 CanLII 6402 (ON S.C.)

In May, 1997 Shawn committed an assault on his wife while in an impaired state. The assault resulted in criminal conviction and incarceration (30 days) at Maplehurst in addition to permanent separation from his spouse and children. Approximately a year later Shawn was again incarcerated at Mimeco [sic] Reformatory as a result of uttering threats against his estranged spouse and her partner. As a result of the incarcerations and depression Shawn found himself reduced to applying for social assistance and disability benefits while continuing to seek out psychiatric counseling. This situation persisted until the time of his death from complications associated with pneumonia

Andrade v. Kennelly, 2006 CanLII 20845 (ON S.C.)

On two occasions he called her, complaining that he was overwhelmed and contemplating suicide. On one occasion, he advised her that he had been admitted to a psychiatric ward at Mt. Sinai.

Smith v. Frank, 1999 CanLII 14979 (ON S.C.)

The Applicant also asks the court to give consideration to s. 23. It was the Applicant’s view that the Respondent’s suicide attempt, which was not her first, and the absence of proper evidence from her psychiatrist and therapist as to the nature of her problems and her prognosis, raises concerns about the well-being of the child if he is returned to the Respondent. In the Applicant’s view, there is no assurance that the same thing will not happen again and this could cause serious harm to the child

L.(Y.Q.) v. H,(T.T.), 2006 ONCJ 127 (CanLII)

ACCESS TO CHILD — Form of order — Supervised access — Grounds — Risk of harm to child — Local children’s aid society and Office of Children’s Lawyer had intervened because father’s intemperate statements had frightened child badly on several occasions — Statements included suicidal threats and threats of harm to child and even mother, which were repeated to third parties, such as children’s aid society worker

Ogilvy v. Ogilvy, 2006 CanLII 32909 (ON S.C.)

[27] The Respondent accepted these separations with the hope that there would be reconciliation. In spite of how he was prepared to accept her wishes, it came to a point that by June of 1999, he could not continue to live with her as a couple. Accordingly, the Separation Agreement was prepared and signed with both parties seemingly content.

[28] By mid July, the Applicant decided to return and once again the Respondent wanted to make a go of it. He soon discovered that things were no different then previously.

[29] Her attitude and actions were making him ill, so much so that, by December 2000, he had to be admitted to hospital for an attempted suicide

R. v. Oelkuch, 2006 CanLII 26479 (ON S.C.)

His wife Penny had announced her intention to separate about one month before the offence date because of his increasing aggression against her. I have little doubt that these pressures along with Patrick’s psychiatric fragility contributed to what next occurred

The prospect of divorce may have contributed to the state of mind that prompted his actions because both his ex wife and his mother agree that his involvement in the offence before the court was not typical behaviour for him

Gammon v. Gammon, 2008 CanLII 5968 (ON S.C.)

[13] Not long after the final separation, Mrs. Gammon was involved in a single car accident. On December 31, 2004, ironically on what was their seventh wedding anniversary, she hit a culvert in what she described as a suicide attempt. Her car was badly damaged. Because she was charged with impaired driving, her insurance company denied coverage.

Growen v. MacKenzie, 2008 ONCJ 170 (CanLII)

Following a suicide attempt by the mother immediately after the separation, he sent her a DNA kit to determine whether he was her biological father. His affidavit indicated that he thought giving evidence might end their relationship forever, but it was abundantly clear that he ended that relationship immediately upon her separation from Mr. Growen and provided her with absolutely no support whatsoever

Deane v. Deane, 1995 CanLII 7345 (ON S.C.)

[17] The next day, the husband attempted suicide by a drug overdose. He was admitted to the Ottawa Civic Hospital. When he had recovered sufficiently, he was transferred to the Psychiatric Ward of the hospital where he remained until near the end of March, 1991. The wife stayed initially with family and then returned to her home where a friend stayed with her. She testified that she was terrified, in shock and in bad shape emotionally. She testified that she was scared of her husband. She did not visit him in hospital although she took J.C. for two visits with his father. She also saw a psychologist.

Espiritu v. Bielza, 2007 ONCJ 175 (CanLII)

About year ago, mother began Texas divorce petition in which she claimed custody and to which father filed waiver, dispensing with need for any further notice of proceedings to him — Some 11 weeks later, mother committed suicide and child briefly resided with paternal aunt in Texas

D.D. (Re), 2004 CanLII 34588 (ON C.C.B.)

Mr. D. D. has expressed suicidal thoughts to Dr. Stewart in hospital. He currently expresses frustration, sadness, and anger, feels trapped in his current situation, and stated he is unable to carry on. Dr. Stewart stated these thoughts, the stressors of his recent separation and isolation from others, and his mental illness, result in a likelihood of serious bodily self harm

CONCLUSION

For all of the above reasons the Board is of the view:

1. That the prerequisites for involuntary status were met at the time of the hearing and Mr. D. D.’s involuntary status is confirmed

Fallis v. Garcia, 2008 CanLII 25048 (ON S.C.)

[10] Ryan has apparently not done as well in the aftermath of his parents’ conflict. He is obviously very bright and did well academically up until January, 2006. According to the mother’s material, Ryan started to exhibit signs of depression, started to miss school, and to not complete his school work. By April, 2006 the mother deposes that Ryan was speaking of committing suicide. She took an unpaid leave of absence from work to supervise him. In the middle of May, 2006, when Ryan was again expressing thoughts of suicide, the mother took him to Emergency at Sunnybrook Hospital where he was attended to by a psychiatrist

Rosen v. Rosen, 2005 CanLII 480 (ON S.C.)

[13] The husband’s motion is for exclusive possession and “interim” care and control of the children. He asks that the wife be removed from the matrimonial home, as continued cohabitation has become intolerable and is having a terrible effect on the children. He points, in particular, to Jason’s threats to commit suicide last summer and his mother calling the police about Jason in August.

C.(J.J.D.) v. C.(S.L.), 1996 CanLII 8098 (ON S.C.)

[7] Of the four members of this family, the son may be feeling the effects of his parents’ separation and divorce the most. (He even filed an affidavit in support of his father’s motion and asked for the opportunity to give oral evidence at the hearing of this case. As neither of his parents nor his legal representative, the Children’s Lawyer, called him as a witness, I declined to hear him.) In addition to getting into alcohol and drugs, the son ran up unauthorized telephone bills and credit card bills; took money and belongings from his parents; dropped out of school and then out of an alternative school program; physically attacked his mother; drank his father’s liquor without permission; attempted suicide by a drug overdose; planted marijuana in his mother’s garden; got into but failed to persist with counselling for alcohol and drug addiction. All of these things had happened to the son by the time he reached his sixteenth birthday

S.L. v. L.L.2, 2006 ONCJ 519 (CanLII)

[9] This whole situation arises out of a long-standing, virtually since the day of separation, war between these two parents. That war has affected their children in incredibly significant ways and will affect each one of their children for the rest of their lives

Her conclusion as well was that L.L.1 needed residential treatment in a secure setting. She suggested only two possible places for providing that to L.L.1. One was Whitby Psychiatric Hospital and the other was the Syl Apps Youth Centre, a program run by Kinark Child and Family Services.

R.(A,L,J.) v. R.(H.C.G.), 1995 CanLII 6877 (ON C.J.)

[22] There remains one last issue. The father is to have custody and put his plan into effect. What about access to the mother? I find from the evidence that the mother has gone to extreme lengths to exclude the father from seeing her daughter. There has been a deterioration in her mental stability as shown by the events of 25 October 1995. Access should be permitted to the mother but under the supervision of the children’s aid society, as it is presently carried out

Stajkowski v. Stajkowski, 2007 CanLII 16829 (ON S.C.)

[3] The medical reports filed by each of the parties would seem to indicate that at the present time, neither of them is healthy enough to earn income. Apparently the wife suffers from depression problems, and the husband because of work related problems which have affected his upper body (particularly his shoulders).

Gingo v. Ginglo, 2004 CanLII 1546 (ON S.C.)

In that Affidavit, Edward explains his absence from the Court proceedings in 1992, being as the result of depression and him being on prescribed medication. He claims to have had no money and was says he refused Legal Aid.

R. v. Van Patter, 2006 ONCJ 48 (CanLII)

[18] After separation, he received a telephone call from his son indicating that the complainant was out of control, crying and that he wished his father to return home.

[19] On one occasion, the accused did come home, found the complainant with a pill bottle on the bathroom floor, took her to the hospital where she was admitted for the weekend

Nitsopoulos v. Alousis, 2000 CanLII 22566 (ON S.C.)

[5] There is no question but that the applicant received all the net proceeds from the sale of the matrimonial home and a condominium. She netted approximate $100,000.00 from that. The respondent had no assets to speak of on the valuation date, in that his liabilities, contingent and otherwise, exceeded his assets by more than $1,000,000.00. Not unexpectedly, he has recently gone bankrupt.

Richardson v. Lafrance, 2005 ONCJ 299 (CanLII)

[20] Although suspended from the North Bay Police Force, Ms Lafrance was refused legal aid. She continued to be refused legal aid despite her having to go bankrupt.

[21] From the evidence at trial, Mrs. Coons’ position is quite understandable. Whether it be from the stress of criminal charges or the stress of losing her job as a police officer or the stress of the relationship breakdown, Ms Lafrance does not appear to have been “playing with a full deck” for quite a few months.

G.M. (Re), 2005 CanLII 57743 (ON C.C.B.)

At the time of the Hearing, Mr. G.M. was 67 years old. He and his wife were separated, though she remained sufficiently involved in his life that she had a hand in obtaining a Form 2 under The Mental Health Act, which resulted in a police officer apprehending Mr. G.M. and taking him to hospital for psychiatric assessment

C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)

[9] The respondent was hospitalized on January 4^th, 2006 on account of stress. She became overwhelmed by the combination of financial problems, child care responsibilities and employment responsibilities.

A.N. v. M.A.Z., 2006 CanLII 12316 (ON S.C.)

He said that he had to borrow funds to make payments. He said that he didn’t apply to reduce the amount of spousal support because he expects his income to increase once the stress of court proceedings is over.

Danis v. Danis, 2004 CanLII 8245 (ON S.C.)

[8] Not much turns on this issue, as custody has been resolved, as has access. For whatever reason Mr. Danis has had no contact with his daughter since approximately 1992 and with his son since approximately 1993 or 1994 until 2003. Notwithstanding the lack of access, support was paid for the children on a regular basis at the ordered amount.

[11] In late August 2003, Blake Danis attempted to commit suicide. While hospitalized, he contacted his father. After a short stay with his maternal grandparents, in September 2003 he moved to his father’s home where he continues to reside today. Mrs. Danis has only seen her son three times since he has left home: at Christmas, Thanksgiving and on Krystal’s birthday.

D.P.J. v. Y.P., 2005 CanLII 2048 (ON S.C.)

At that time, he had serious emotional and behavioural problems and had indicated the possibility of suicide. As stated by Blishen J., he was desperately unhappy, was demonstrating this unhappiness by desperate behaviours and he wanted nothing more than to be with his Mother.

G.R.D. v. J.D.T., 2006 CanLII 29655 (ON S.C.)

[23] In summary, Ms. G.R.D. has tremendous strengths as a person and as a parent. Nevertheless, I am concerned that she may continue to be depressed and that this depression may impact on her affect, focus and energy when parenting J.T..

Currey v. Currey, 2002 CanLII 49562 (ON S.C.)

12 Mrs. Currey, after leaving the matrimonial home in Ottawa in July 1984 and after moving in with her mother in Watertown, New York, was admitted to the Mental Health Center of the Mercy Hospital in Watertown on July 20. At that time she appeared confused and was complaining of hearing her husband’s voice saying, “I’m going to get you”. The Admitting Psychiatrist found there was a looseness of association in her thought process, that she was rambling and very tangential in her responses to questions.

I have also considered that Mrs. Currey accused Mr. Currey of not paying support for a considerable period of time allowing FRO to believe he was $17,000.00 in arrears when in fact this was not true. That resulted in Mr. Currey having to bring proceedings against FRO which were settled in his favour. Mrs. Currey now says the endorsements on the cheques he in fact did send to her are for the most part forgeries.

Whether that was done in this case. I cannot say, but what is clear is that Dalton McGuinty, then an Ottawa lawyer, was engaged to advise Mrs. Currey

Over their years together she has accused him of molesting her daughter Heather as well as their daughter Melanie. She accused him of being a rapist, of being a wife beater. She has accused him of being a cocaine dealer and a loan shark and an adulterer.

Reinhardt v. Reinhardt, 2004 CanLII 35095 (ON S.C.)

[20] The report of Dr. Diane Ensing dated April 23, 2002 stated the following:

Re: Brenda Reinhardt

I am sending this letter at the request of my patient, Brenda Reinhardt. The information pertains to the stress she endured during her marital separation in 1998 and 1999

[21] On the advice of Dr. Ensing given to her when she first saw Dr. Ensing on August 6, 1998, following Mr. Reinhardt’s announcement on August 1, 1998 that he wanted to terminate the marriage, Mrs. Reinhardt began keeping a diary for therapeutic purposes

2. I feel overwhelmed with anxiety after 17 years of marriage.

3. I told my dad and mom that I was scared and that I am not a fighter and that if I even went against him that it would unbearable.

13. Today the stress was too much.

I feel like he is trying to pull something over me. He knows I am vulnerable right now and totally stressed out from pressuring me. It’s a no win situation. I’m caught between a rock and a hard place. I am just mentally drained from this whole situation. I just told him to leave me alone, that I don’t want to discuss this anymore today.

[80] In my view, Mr. Reinhardt was much stronger, both financially and emotionally, than Mrs. Reinhardt at the time of separation. He did prey upon her vulnerability.

Mrs. Reinhardt, however, did not have the physical or emotional strength to take Mr. Reinhardt to court at the time of separation. She was also afraid of him based on his past conduct and his threats. There was a preying of Mr. Reinhardt on Mrs. Reinhardt within the meaning of that term in Rosen, supra.

McDonald v. McDonald, 2000 CanLII 22594 (ON S.C.)

[18] Finally, I have concluded that there is no evidence to support the applicant’s claim, that her condition of manic depression affected her ability to comprehend her rights at the time the divorce was granted and accordingly, I would dismiss the subject motion

Einstoss v. Starkman, 2002 CanLII 2777 (ON S.C.)

[17] For the record and by way of reminder, Jake is a 6 1/2-year-old only child who is now in therapy for reasons that include the bitter conflict that continues between his mother and father. My heart weeps for this child and one can only guess at what he believes his own role in this sad affair is. Each of his parents' claims that their actions are solely in regards their view of what is in the best interests of Jake

Huck v. Huck, 2004 CanLII 22079 (ON S.C.)

[4] While Lois says her health is “good”, the evidence shows that she began having asthma symptoms in 2001, after the separation, and she has been taking anti-depressants for at least 1-1/2 years and suffers from digestion problems

Kennedy v. Kennedy, 2000 CanLII 22437 (ON S.C.)

However, he claims he must now retire from his job due to poor health which he attributes to stress from the marital litigation

Albuquerque v. Albuquerque, 2007 CanLII 4306 (ON S.C.)

[10] Ms. Albuquerque claims that Mr. Albuquerque contributed to her mental health difficulties. She says that his lack of support made her depression worse. She further claims that Mr. Albuquerque harassed her after the separation and that this further exacerbated her mental health problems. Mr. Albuquerque, on the other hand, states that Ms. Albuquerque did not have any depressive episodes during the marriage and he was unaware of her seeking any medical treatment for mental health problems. He denies that his behaviour contributed in any way to her illness, either during or after the marriage

Fitzpatrick v. Fitzpatrick, 2004 CanLII 13318 (ON S.C.)

The separation was very difficult for her and for her sons, who both quit school they were so upset. Mrs. Fitzpatrick saw a doctor, was referred to a psychiatrist and was on anti-depressant medication for two years.

Bhullar v. Bhullar, 2005 CanLII 18718 (ON S.C.)

9] The husband had provided to the wife’s counsel a medical report from a Dr. Tannan to support his position that he could not work due to depression.

Shaw-McInnis v. Crawford, 2003 CanLII 2241 (ON S.C.)

Psychiatric evidence filed also suggested he’d suffered an emotional breakdown as a result of the separation.

[21] As a result of the turmoil in his life, the husband declared bankruptcy in Ontario on February 19, 1997. He was discharged on January 7, 1998. He didn’t find full time employment again until 1999,

During his extended unemployment in 1997 and 1998, he received welfare, E.I. benefits and the charity of friends. In 2002 he found employment in Sault Ste. Marie as sales manager for J.F. Fitzpatrick Industries Inc

The husband’s claim for variation of support retroactively to the period prior to May 1, 1997 is denied.

Catsoudas v. Catsoudas, 2008 CanLII 26673 (ON S.C.)

[1] The Applicant (George) moves to have a domestic contract (January 14, 2005) replaced with equalization of net family property pursuant to the Family Law Act and grounds his application on five issues, namely:

1. He was suffering from depression and had stopped taking his medication at the time he signed the agreement on January 14, 2005.

2. He was attending counselling

Culbert v. Culbert, 2007 CanLII 27586 (ON S.C.)

He was also prescribed a variety of medications for depression, hypertension and type 2 diabetes. On February 20, 2005, the father was admitted to emergency. The emergency doctor’s report provides that the father had hypertension and had had several fainting episodes in the past. He was described as “very anxious” and suffering from chest pains

[21] I find therefore that although the father intentionally left his employment, he did so as he was suffering the debilitating effects of depression and anxiety, which were exarcerbated by the confrontation with his supervisor. Together these factors rendered him incapable of dealing with the stresses of the particular job he held.

I therefore impute income of $75,000.00 as at September 2007 for the purposes of determining child support and section 7 expenses

M. (Re), 2008 CanLII 16051 (ON C.C.B.)

When asked why he believed that his ex-wife and son wanted to place him in a nursing home, M responded that the anti-psychotic medication made his body froze up like a corpse so that they were afraid that they could not take care of him on their own. Throughout his testimony, M was adamant in his denial of having any mental illness

G.F. (Re), 2005 CanLII 57844 (ON C.C.B.)

Ms. G. F. showed no understanding of the emotional impact this decision would have on both her husband and her son. She spoke enthusiastically about divorcing her husband and her new found romantic involvement. She told the Board that her son would live with her and that she would hire help to assist her with looking after him. At the time of the hearing, she still believed she could become Prime Minister. She contacted a number of magazines and newspapers to advise them of her desire to become Prime Minister

Wozniak v. Brunton, 2006 CanLII 273 (ON S.C.)

She paid them $500 to abduct her son and bring him to her later. Immediately after the abduction that she had organized, the mother pretended to be a concerned and co-operative parent helping the police in their search. By the next day, the mother’s role in the abduction became known. She was arrested and charged with abduction and mischief. She remained in custody until the trial.

[14] The mother’s diary, which came into the possession of the police in their investigation of the abduction, contained an admission that she had made up the accusation of sexual assault that led to the charges against the father on 5 December 2004.

She drank bleach while responsible for his primary care and while the child was present in the apartment.

[27] In the result, the risks of again exposing the son to the mother at all, even in a supervised setting, outweigh the potential benefits to the son at this stage.

P.S. v. J.S., 2005 CanLII 16590 (ON S.C.)

[12] The next significant event occurred when Ms. J.S. was hospitalized at the Queensway-Carleton Hospital in the spring of 1999, having suffered “major depression”. Ms. J.S. was hospitalized for a six-week period.

L. (Re), 2007 CanLII 19783 (ON C.C.B.)

Dr. Power said that Ms. L. was a 41 year old divorced woman who had been living with her son in her home until approximately six weeks ago. Her son’s school had contacted Family and Children’s Services regarding the child’s behavioural issues. While the exact sequence of events was not clear from the evidence what is clear is that Ms. L’s former husband obtained a custody order and her 9 year old child was now living with him. Ms. L. became very distraught and telephoned her sister and her former husband. The patient’s messages were that her son was better off without her and her sister contacted the mobile crisis team.

On March 6, 2007 the mobile crisis team arrived at Ms. L’s home. The police noted that the house was a mess, there was no food in the fridge and there were only cookie wrappers and water bottles in the bedroom. Ms. L. was unkempt and it was clear that she had not cared for her dog. Ms. L. told police that she was grieving the loss of her son. She had been pushing her family a way for the past two weeks and had been returning possessions that belonged to family members.

Ms. Steeves said that the patient had a very sad affect. Ms. L. told her that she planned to overdose on drugs and alcohol and drown herself. Ms. L. also told her that she stopped taking her psychiatric medications two weeks before. She said that she had been seeing a psychiatrist but had stopped attending because he had admitted her to hospital against her will and she had had an unpleasant stay in hospital.

Leonard v. Leonard, 2002 CanLII 49563 (ON S.C.)

4 Dr. Susan Smith, who testified at trial, in a letter August 8, 1999 to Manulife Financial seeking disability benefits for the wife wrote the following:

I saw her again in May of 1999, after some intervening months of arthritis flare-ups and reactive depression, and sick leave. She had stopped the Serzone the previous July after she had felt better. Her main preoccupation was her husband’s announcement that he wanted a marital separation

7 Dr. Smith in her trial testimony offered the opinion that she could not predict when the wife would be able to return to work on a full-time basis.

Lachance v. Lachance, 2007 CanLII 29964 (ON S.C.)

The Wife suffered from depression and continues to take anti-depressant medication.

Heyck-Mangan v. Mangan, 2002 CanLII 49530 (ON S.C.)

[17] Ms. Heyck testified with respect to her therapy. She has followed the treatment plan of Dr. Sweet. She has read the prescribed materials and attended workshops and seminars. She was attending sessions with her counselors weekly, until last summer, when they were reduced to bi-monthly sessions. However, she has again increased to weekly sessions, in the last few weeks, before the trial. While Ms. Heyck felt that she made some progress by the summer of 2001, she fell that she has lost some ground with the stress of the trial, describing that she is anxious, depressed, not sleeping, irritable and frustrated. She testified that Mr. Mangan could assist in her recovery by avoiding conflict with her, with respect to access, and by making regular and timely support payments

W. M. v. C. H., 2003 CanLII 49833 (ON C.J.)

18] Mr. W. M. subpoened Dr. Crewson to testify in this proceeding. The physician reconfirmed her earlier opinion that, because of stress and depression, his former wife could only do basic menial undertakings and would not be self-supporting for medical reasons. Dr. Crewson did psychotherapy with Ms. C. H., but there was no improvement in her condition.

Wilcox v. Wilcox, 2003 CanLII 2272 (ON S.C.)

[20] Bill testified that he suffers from depression, and needs to work to keep himself from becoming depressed

Burmi v. Dhiman, 2001 CanLII 28206 (ON S.C.)

Initially, she attended a business course at a college in Markham, but did not complete it. I am unclear as to why she would pursue this course, since her immigration application shows she holds both a BA and an MBA degree. She claims to be too depressed as a result of the abrupt end of the marriage to complete the course. There is scant medical evidence to support this claim, the most recent report being a year-old report from a psychologist who saw her once.

Rizzo v. Rizzo, 2000 CanLII 22463 (ON S.C.)

[29] As for whether Ms. Rizzo’s emotional depression commenced during the marriage and extended after separation, she submits that the depression was essentially post-separation. The report of Dr. Yanover would suggest that Ms. Rizzo’s depression was something that was not intolerable and not appearing to be limiting in any way.

[30] She reminds the court that Dr. Yanover’s notes of April 22nd, 1994 written approximately a year and a half after separation, stated that Ms. Rizzo: “…never felt better with life”. The fact that Ms. Rizzo does suffer from depression, she argues, is as a result of her physical disability from the accident and not the marriage breakdown.”

DeCicco v. DeCicco, 2003 CanLII 2095 (ON S.C.)

[7] The medical records of the wife were entered as exhibit three in support of the wife’s claim for occupation rent. Her evidence was that she was severely depressed in the last years of the marriage to the point that she contemplated suicide. She testified that it was the conduct of the husband that caused her depression stating that he was extremely domineering, denying her any social life and occasionally being verbally and occasionally physically abusive. She stated that her fear for her mental and physical health forced her to leave the matrimonial home and incur rent and mortgage payments whereas the husband has been living rent-free in the matrimonial home since separation.

Serrao v. Jardine, 2003 CanLII 2237 (ON S.C.)

She is presently on stress leave, and receives $4,033.00 per month as sick pay.

[11] There is a suggestion that because the plaintiff is depressed he is unable to find work. While I recognize that depression can be this serious, there is no evidence that this is the case here

[23] In the result, I find that the defendant should pay to the plaintiff monthly spousal support for the equivalent of 2 years at $1,000.00 per month

Gauthier v. Gauthier, 2004 CanLII 39943 (ON S.C.)

[8] It is the Petitioner’s position that the mediated separation agreement should be set aside as if it was never entered into at all, because it was done at a time when she was under severe stress, was suffering from physical difficulties, and it was done without legal advice.

The Wife was not employed at the time of the separation, or if she was, it was a minimum wage employment situation which she terminated after the separation. She testified that she did so because she was depressed about the separation

[25] At the time of the meeting with the mediator, the Petitioner was, according to her evidence, under a lot of stress. She was depressed and taking anti-depressant medication. She indicated that she had, since separation, undergone a dramatic weight loss of some 50 pounds. She indicated as well that she was not eating and was “living on coffee and cigarettes”. She said that she did not understand that she was giving up her entitlement to Mr. Gauthier’s pension valued at $80,000, in return for $5,000. She said that she didn’t feel like she had any choice but to go along with the agreement, because the Respondent did not want to bother with lawyers.

[27] I accept the Petitioner’s evidence that she felt she had no choice about the separation agreement.

Belanger v. Belanger, 2005 CanLII 25110 (ON S.C.)

[4] The respondents Jayne Belanger and Anthony Capin were married in 1983. A son, Joel, was born on August 5, 1985, and a daughter, Danielle, was born on February 12, 1987. The couple separated prior to the birth of Danielle, and were subsequently divorced.

Jayne re-married but separated from her second husband in 1999.

[9] In 2000 Jayne was diagnosed with clinical depression and was obliged to sell her house. She and the children moved to a rental property from which, it appears, she was evicted.

[10] Marjorie Belanger testified that Jayne’s depression led to a noticeable change in Jayne’s behaviour. Her ability to keep house deteriorated; she was often very tired and she slept a lot. No doubt this blow to Jayne’s health did not make family life more pleasant for the children.

Fournier v. Burton, 2006 CanLII 34340 (ON S.C.)

In view of those efforts, and the evidence of the recipient being seriously ill from cancer, and having undergone three surgeries in 2003 and 2004, and due to the fact that she continues to suffer from depression, I find that she continues to be entitled to receive spousal support

Mcfadden v. Sprague, 2008 CanLII 27819 (ON S.C.)

Dr. Goldstein opined that Mr. McFadden “is experiencing severe depression at this time” and concluded that it was her opinion that he was “unable to cope with employment at this time.” Dr. Goldstein testified that the issue of Mr. McFadden’s ability to return to employment was a very serious issue for him when he met with her in 2005. She concluded that, at that time, his condition had become more intense to the point where he was seriously restricted in his ability to interface with people. She considered this highly conflicted family litigation to be a contributing factor

The applicant’s physicians have prescribed both Paxil and Lorizapan for his depression

Schaarschmidt v. Schaarschmidt, 2008 CanLII 54327 (ON S.C.)

[7] After Cascades mill closed in November 2005, Mr. Schaarschmidt was hospitalized for three months. In March 2006, Ms. Schaarschmidt allowed Mr. Schaarschmidt to return home. Although the marriage was over, she was concerned for his well-being.

[9] In April 2007, Mr. Schaarschmidt advised that he was moving from the home. He waited for a ride. When the ride did not come, he picked Ms. Schaarschmidt up and threw her out of the house, locking the door behind her. When the police and an ambulance arrived, Mr. Schaarschmidt got into the police car because he refused to admit he was ill.

[10] Ms. Schaarschmidt last saw Mr. Schaarschmidt in April 2008. He was living on the street.

Kaddoura v. Hammoud, 1998 CanLII 14937 (ON S.C.)

[5] When she received the divorce petition, Manira was very angry. She was shocked that her marriage was at an end, that Sam had not approached her to talk and she confessed to a therapist she consulted to feelings of hatred, resentment and revenge as well as of anger. She became somewhat depressed but has managed to deal with the hurt and anguish with the help of the therapist

She claims in her counter-petition, two sums of money. Firstly, she claims the sum of $30,000 under a marriage contract and, secondly, she claims $50,000 as

…exemplary damages for breakdown of the marriage caused by the petitioner’s irresponsible, cruel and humiliating behaviour towards the respondent

Wilkinson v. Wilkinson, 1996 CanLII 8084 (ON S.C.)

His job opportunities are limited as he is an older man who has education and experience in a very narrow field. Further, he is being treated for depression. The state of his mental health interferes with his ability to seek and obtain employment. In any event, if he does find employment (which he says is unlikely), the respondent can once again advance a claim based on a further material change in circumstances.

[27] Of course, future events may allow for a further variation application, but I am of the view that the present circumstances do not warrant granting the relief requested by the applicant

C.G. v. M.V.G., 2006 CanLII 12715 (ON S.C.)

He acknowledged that he only saw J.P.G. and J.R.G. on two occasions between June of 2005 and January of 2006. He acknowledged that he has been treated with anti-depressants since 2003 and that the separation was extremely hard on him.

Huszarik v. Fairfield, 2004 CanLII 31786 (ON S.C.)

She took a course in project management at Algonquin College, but despite numerous efforts, which are well documented, has been unable to find any employment. Ms. Fairfield suffers from advanced osteoporosis and is unable to do any manual labour. She further suffers from depression for which she takes medication on an ongoing basis.

At the present time, Ms. Fairfield’s only source of income is the $3,000 per month spousal support, as well as some dividend and interest income reflected on her financial statement in the amount of approximately $6,262 per year. She has no prospect of employment in the near future

Smith v. Smith, 2008 CanLII 14894 (ON S.C.)

The wife acknowledged the verbal agreement in her testimony but said she did not realize at the time that she was depressed and would be unable to adhere to such an arrangement. I accept her evidence.

Alousis, Re, 2000 CanLII 22493 (ON S.C.)

[8] Alousis now resides with his common law spouse. He has been though what has been described as an acrimonious divorce. There are two children of the marriage. He pays $560 for support to his ex-wife, pursuant to an order of Timms J.

[10] Alousis has complied with his obligations as a bankrupt. Although Alousis has continued to practice law since his assignment, he admittedly has been spending only half of his time on the practice. He attributes this to the fact that the other half of his time has been spent dealing with issues in his matrimonial proceedings,

[13] He has also suffered from depression during the bankruptcy period and has sought counselling. He has, temporarily, ceased the counselling sessions, at the recommendation of his counsellor. Apparently, he was not making much progress due to the other intervening legal and bankruptcy issues

Eulenhaupt v. Eulenhaupt, 2008 CanLII 45542 (ON S.C.)

[5] It was obviously in Mrs. Eulenhaupt’s interest to sit on the interim order. Mr. Eulenhaupt claims to have been in a state of depression at the time of separation and before. As a result of this depression he was incapable of responding to the petition. It is noted that although he was properly served with the amended petition and motion he did not appear at the interim support motion.

[6] Mr. Eulenhaupt says that at the time the interim order was granted, he was not capable of handling his affairs. Inferentially he argues that Mrs. Eulenhaupt was aware of his mental state or at the very least knew that he was not working at the time the order was granted.

Mr. Eulenhaupt according to the London Life records was hospitalized from February 18, 1995 to February 25, 1995 and that his last day of work was February 18, 1995. The affidavit which resulted in the interim order, indicated that he was working

J.L.C. v. S.B.L., 2006 CanLII 13790 (ON S.C.)

I expressed the view that, to be acting as they were, with knowledge of the consequences of their behaviour, the parties must be suffering from some form of mental illness. After giving counsel time to consider the matter, I invited submissions on the authority of the court to order a psychiatric or mental examination of the parties. As well, I asked that a representative of FACS attend to explain why their file had been closed and to explore the wisdom of it being re-opened.

I make these orders pursuant to subsection 105(2) of the Courts of Justice Act:

1. The parties shall undergo a mental examination by Dr. Max Wheeler, Psychiatrist, 145 Queenston Street, Suite 304, St. Catharines.

M.M. (Re), 2004 CanLII 56498 (ON C.C.B.)

The patient is a pleasant, articulate man in his mid-thirties who is divorced and the father of a young boy. His son lives with the boy’s mother in another Southern Ontario city

The patient said he used to see his son every two weeks and then he couldn’t cope so he would go up to his room to sleep.

The issue before the panel was not whether the patient or the parents were correct in the bankruptcy issue. The patient was certainly entitled to make decisions affecting his property, whether those decisions were good or bad.

For all of the above reasons, the panel upheld the certificate that the patient was, at the time of the hearing, incapable of managing his own financial affairs

Chehowy v. Chehowy, 2004 CanLII 18360 (ON S.C.)

Dr. Isen’s report is not in the form of sworn evidence and objection has been taken to it by the by the Petitioner on the grounds that it does not comply with the Evidence Act. In any event, at its highest, Dr. Isen’s opinion is that Mrs. Chehowy “continues to have trouble with her mood and concentration, likely as a result of her depression which in my opinion may hinder her ability to prosper in her schooling at present and with her attempts to find gainful employment at the present time.”

A.L.P. v. R.A.A., 2007 CanLII 48659 (ON S.C.)

[13] In his viva voce evidence, the father indicated his concerns about the validity of any drug screens provided by the mother suggesting that they were unreliable due to a broken chain of custody. Such concerns may be valid given the mother’s medical history as reflected in Exhibit 21, wherein the mother had been diagnosed with the severe anxiety disorder and reactive depression. The exhibit is replete with a history of addiction to drugs, painkillers, and amphetamines, which use arose from her depression, recurrent migraine headaches, panic and anxiety attacks.

[14] As evidence of the mother’s impaired judgment, in February of 2006, the mother contacted the College of Physicians and Surgeons to make allegations against the father with the specific request of the college that the father lose his license to practice medicine. Although there were no complaints to the college from his patients, the college’s investigation determined that the father was in fact living with a former patient, also nanny to his children, and currently his fiancée. As a result of the investigation and the college’s "zero tolerance" policy, regarding intimate relationships with patients, the father was required to resign from his practice on July 12, 2007 and surrendered his license to practice in Ontario, and undertook not to apply for a physician’s license anywhere else. The father was, therefore, without income or savings, having depleted same in legal fees, both with respect to the family law and medical licence issues.

Birkhimer v. DeCoste, 2008 CanLII 63137 (ON S.C.)

[12] In her affidavit sworn on March 19, 2008, Ms. Birkhimer indicated that she was unable to work because of depression. She further deposed that she has been receiving medical treatment and psychotherapy since September 2007 from Dr. David Latour, a psychologist in Ottawa.

Laue v. Laue, 1993 CanLII 3286 (ON C.J.)

Even before the parties had married, the wife had suffered from depressive neurosis that rendered her dependant on others and prevented her from seeking employment and financial self-sufficiency. After 14 years of marriage, the parties entered into a separation agreement where they acknowledged the wife’s condition and consequently agreed that the husband would make monthly support payments of $1,050 to his wife for two years, after which the agreement would be reviewed in light of the wife’s disability. In time, the parties were divorced, but the decree made no mention of support. The “wife” filed the agreement with the Ontario Court (Provincial Division) and then applied to vary the support provisions, seeking the removal of the time limit. She filed in evidence a series of reports from a qualified psychiatrist and neurologist to support of her claim that her mental and emotional state precluded any measures by her to improve her position. The “husband” called a psychiatrist who had not interviewed the “wife” but whose opinions were based on the reports that the “wife” had filed. He testified that, although he agreed with these reports, his opinion was that time-limited support would provide a needed incentive for the “wife” to re-train and rehabilitate herself.

Held:— Monthly payments to remain at $1,050 but to be limited to twelve-month period.

The “wife’s” disability preventing her financial self-sufficiency continued, but it would be in the best interest of all parties and it would be particularly beneficial for the “wife’s” mental health if she could be forced to confront her problem and to deal with it. A time-limited order would motivate her towards financial independence.

Nolan v. MacLean, 2006 CanLII 38865 (ON S.C.)

[4] Ms Nolan’s current income is approximately $105,000 per annum. Her position is that as the custodial parent who is caring for the children and not receiving any child support, she is not in a position to pay spousal support

She claims that the move was his “choice” and that he was unhappy in his job in any event. In addition, she underlines that fact that the husband has had problems with alcohol and depression, something which is not in dispute.

The policy of the present family law system fundamentally rejects a minute analysis of respective contribution or fault in the assessment of post-breakdown contribution. The fact that the party seeking relief in the form of interim spousal support here is the husband should not change this.

[11] There is no question that Mr MacLean is experiencing economic hardship. There is also no doubt that the loss of his job is much more economically difficult in light of the breakdown of the marriage, as he is unable to afford to rent or purchase alternate accommodation and is living in crowded quarters with his elderly mother.

[13] In summary then, I am unable to conclude at an interim stage that Mr MacLean would not be entitled to an award of spousal support.

Jagodich v. Jagodich, 2003 CanLII 2010 (ON S.C.)

[34] Mrs. Jagodich was obviously very sad about the breakdown in the relationship with her sons. She acknowledged that, in recent times, “there were difficulties with me and the boys”, that she was obsessed with keeping a clean house and that she suffered from depression.

[44] Mrs. Jagodich sought psychiatric help from Dr. Robert Buie in Nov. 2001. Dr. Buie appeared at trial and testified, qualified as an expert witness in psychiatry dealing specifically with depression and anxiety, and therefore entitled to give opinion evidence. Dr. Buie treated the Applicant until July 2002 when he discharged her because he had accomplished all he felt he could; she has since continued counseling with her family physician. Dr. Buie described Mrs. Jagodich as “one of the most depressed of my patients.” He considered her depression to be “major.” It was his opinion when he last saw her that most people with her degree of depression are unable to work even part time and are mostly on disability benefits. He noted that Mrs. Jagodich has continued at her employment with difficulty but feels unable to take on any more challenging work at this time given her serious depression

Aitken v. Aitken, 2003 CanLII 2050 (ON S.C.)

[25] Chris is now 17 years old. He is a high school student. He attends two Chatham high schools because of his difficulty in getting up in the morning. He takes grade 12 courses in one school and one grade 11 course in another. He may also be suffered from depression. He has been seen by the family doctor. The parties plan to have him assessed by a psychiatrist or a psychologist. His future at the moment is very uncertain.

E.E.R. v. C.L.R., 2003 CanLII 1979 (ON S.C.)

[31] Ms. C.L.R. took K.Y. and then J.R. to Tanya Sinnett for counseling in the fall of 2002. Ms. Sinnett is the Children’s Community Support Worker at the Women’s Shelter, Second Stage Housing and Counseling Services of Huron. In her report dated January 3, 2003 Ms. Sinnett identifies the reasons for the counseling:

The focus of counseling with K.Y. was aggressive behaviours as well as separation and loss, particularly a perceived absence of a father in his life. Both K.Y. and J.R. have been working on issues of family separation and change, school/friendship issues and feelings identification and expression.

In our counseling the children have identified their experience of feelings of separation and loss as well as anxiety over the possibility that they will have to live with J.R.’s father.

Both children are enthusiastic in attending counseling, their mother C.L.R. has reported that the sessions have brought about an increase in family harmony and they would benefit from continued work.

[32] The counseling has continued and Ms. Sinnett is pleased with the progress. She believes that further weekly sessions would be beneficial over the next three or four months.

Dodd v. Dodd, 2003 CanLII 2100 (ON S.C.)

[11] I have no hesitation in concluding that there is sufficient evidence to justify an order that Ambrosia is currently a child of the marriage. She is currently registered at a Toronto area school, although her attendance has been very sporadic. She has, however, been battling depression since at least 2000. Medical intervention has been sought and medication prescribed. She attempted suicide in the winter of 2001 and on October 7, 2003 and November 19, 2003 the police attended and she was taken to hospital when she expressed suicidal intentions.

Brophy v. Brophy, 2004 CanLII 25419 (ON C.A.)

[23] The trial judge considered the points raised by Mr. Brophy but accepted Mrs. Brophy’s evidence that her ongoing family responsibilities precluded her from maintaining even part time employment. The trial judge’s findings are unassailable. She dealt with the demands of Mrs. Brophy’s children in these words:

After separation, Ms. Brophy made herself available to deal with her eldest son’s depression.

A.C. v. The CAS of Ottawa (CFSA s.68), 2008 CFSRB 13 (CanLII)

[32] The Society accepted Dr. D.D.’s opinion that there was no need at the time to consider a placement in a group home or place of safety under the Act for secure treatment. The Society supported Dr. D.D.’s diagnosis of J.C., according to the DSM IV Axis I of Attention Deficit and Hyperactivity/Conduct Disorder with co-morbid Depression; Query Childhood Trauma due to Marital Acrimony

Children's Aid Society of Sudbury and Manitoulin v. P.(S.), 2004 ONCJ 338 (CanLII)

By July 1996, however, they were separated, later to be divorced.

[11] Initially, Ms. S.P. had two visits a week with H.P. His father, Mr. J.-J.P., had access to him through the maternal grandmother, Mrs. M.B. When Mrs. M.B. died suddenly on 13 April 2004, Mr. J.-J.P.’s access came to an end. He chose not to continue his access knowing of the society’s long-term plans for H.P

By April 2001, the need for society intervention was becoming manifest. The society’s workers, Tammy Hearty and Julie Turpin, visited her in order to obtain a voluntary service agreement. This agreement called for Ms. S.P. to attend at Interact, a counselling service operated by St. Joseph’s Health Centre in Sudbury. She neglected or resisted doing so. On 29 May 2001, Ms. S.P.’s mother, Mrs. M.B., expressed concern for H.P.’s well being. She told the society that she had serious concerns about her daughter’s mental health.

[13] As a result of the criminal harassment charge, Ms. S.P. was committed to psychiatric observation for a thirty-day period. During this time and until February 2003, her visits with H.P. ceased. They had, prior to November 2002, been reduced to one visit per week. When visits resumed in February 2003, they occurred once every two weeks.

[21] There is no doubt that H.P. is a child in need of protection. He was at the time of his apprehension and continues to be a child in need of protection.

[22] Ms. S.P., H.P.’s mother, is not a well person. She suffers from a psychiatric illness. Not only can Ms. S.P. not raise H.P.; she has difficulty coping with life herself and can do so only with medication and community support.

M.B.S.L. v. Youthdale Treatment Centres (CFSA s.124), 2008 CFSRB 78 (CanLII)

[6] M.B.S.L. is a fourteen year old girl living sporadically with her mother, C.L., and her twelve year old sister, A., in C.. She has a twenty-one year old sister who is in her fourth year at the University of Ottawa and an eighteen year old brother who is currently living and working in Ottawa. Her mother is self-employed, works fulltime and operates her own café. Her mother is divorced from her father.

[16] C.L. testified that over the last few years, M.B.S.L. has changed in behaviour from a genuine happy-go-lucky child to one prone to suicidal tendencies, anger, aggression, mood swings and depression. She has a borderline eating disorder.

[23] C.L. testified that during the previous year, M.B.S.L. made two suicide attempts which resulted in hospital admissions.

Surerus-Mills v. Mills, 2006 CanLII 32907 (ON S.C.)

[9] Tiffany graduated from high school in June of 2003 at age 20. During her high school years, she faced numerous medical challenges, such as depression, anxiety and stress allegedly caused by her father’s behaviour and by other factors, such as the death of some of her family members. Accordingly, she should be deemed to be a dependant until June 30, 2003.

Pagnotta v. Malozewski, 2008 CanLII 14800 (ON S.C.D.C.)

[7] The motions judge made a finding of fact that it was reasonable to expect the appellant to return to work part-time as of September 2007. There was evidence from the appellant’s counsellor, a social worker, respecting the depression and anxiety suffered by the appellant as a result of the ending of the marriage. However, given the lack of medical evidence explaining the extent of her condition, the motions judge could reasonably conclude that the appellant was able to return to work.

Rea v. Rea, 2007 CanLII 56492 (ON S.C.)

13. In her second report dated March 16, 2007 Dr. Enriquez states:

“She has had history and currently suffer of Fibromyalgia, Hypothyroidism, Depression, Lactose Intolerance, all of them being chronic disorders. By that I mean no cure…Her symptoms are the typical of those characteristic of the chronic diseases she suffers: palpitations, weakness, fatigue, muscular pains, irritability, sadness, etc.”

14. The evidence of the wife was that since the date of separation she has filled out only one job application but had not delivered it.

69. Taking into account the above, recognizing the fact that the father has the care of Nikky, I find that a monthly spousal support award of $1,750.00 per month is fair and appropriate and I so order

Hildinger v. Carroll, 1998 CanLII 14923 (ON S.C.)

After this brief love affair, the mother fell out of love. She was, however, pregnant with Nancy Mae. The father was devastated by the mother’s change of heart and was treated for depression. At all times he intended to be an integral part of Nancy Mae’s life.

Bolduc v. Bolduc, 2006 CanLII 28099 (ON S.C.)

[13] In January, 2004, the applicant served the respondent with divorce papers. She was stunned and upset by this development. After some discussion and agreement by her to seek additional treatment for her post partum depression, Mr. Bolduc agreed to withdraw the divorce application.

[21] In June or early July 2004, the respondent took too many pills while allegedly having an anxiety attack. She had to be taken to the emergency department of the Norfolk Hospital for treatment. She denied it was a suicide attempt but the medical records were never produced to the respondent nor provided to the court during this trial.

Cote v. Dixon, 2007 CanLII 10405 (ON S.C.)

[50] The father submits that he was severely depressed, possibly suicidal and under the care of a psychiatrist and his family doctor at the time he left his job. His evidence was that he was unable to competently carry out his duties as a firefighter and was endangering the lives and safety of his fellow workers and had no option but to take stress leave

Leach v. Goodwin, 1993 CanLII 5428 (ON S.C.)

[7] The wife had previously left the husband and had commenced divorce proceedings on October 18, 1991, but reconciliation took place after the client became a patient at the Kingston Psychiatric Hospital from about October 29, 1991 to November 4, 1991 when he signed himself out. His mother had brought an application under the Mental Health Act,on October 29, 1991 and it was alleged that the client had become delusional. He had been taken first to the Pembroke Civic Hospital then to the Kingston Psychiatric Hospital. The wife had said in her affidavit of July 16, 1992 that she believed her husband suffered from manic depression. There had been a suggestion of an escape from the hospital and he had to be restrained at some point. The solicitor had recognized that the client’s psychiatric background was significant and a key issue in the matter of custody

Vangroenigen v. Vangroenigen, 2005 CanLII 38896 (ON S.C.)

After the separation the evidence is clear that he experienced significant depression, was off work and collected disability insurance from July 14, 2003 to January 14, 2004.

Pasichnyk v. Pasichnyk, 2005 CanLII 30710 (ON S.C.)

Mrs. Pasichnyk will no longer be covered by Mr. Pasichnyk’s medical coverage if the Court grants the divorce sought in these proceedings. She testified that she has medication costs for depression, high blood pressure, anxiety and sleep disturbance which amount to almost $500.00 per month

Wright v. Mason, 2004 ONCJ 317 (CanLII)

[12] Over the course of the following years, Ms. Wright’s health began to deteriorate. She experienced depression to the extent that her employment was affected.

Erb v. Erb, 2003 CanLII 2112 (ON S.C.)

[5] The parties separated on July 15, 2000. The plaintiff had gone with Tyler to visit her family in Nova Scotia, in part so that the defendant husband could be alone in the matrimonial home as he had been experiencing depression and uncertainty as to what he wanted in life. While she was in Nova Scotia the plaintiff wife received a phone call and returned home to find out that the defendant had left town with the neighbour’s wife

She had also been diagnosed with a form of skin cancer, and she was coping with anxiety and depression flowing from the marital situation. She found it uncomfortable continuing to work within that company as her marital ties to the defendant led to the situation where everybody within the company and the related companies knew of her marital circumstances. The plaintiff worked out a one-year severance package with representatives of the defendant’s family’s business and she left the Erb Expedite Inc. business in December of 2001

Harrington v. Harrington, 2007 CanLII 15474 (ON S.C.)

[13] Shelley wanted children. The evidence is not clear whether there were one or two abortions. There was one ectopic pregnancy that had to be aborted. There may have been another pregnancy. Shelley alleges that Kevin either killed or murdered her baby. I will refer to more of this type of bizarre allegation later

[18] Shelley has clung unto a possible diagnosis of PTSD. I find that the viva voce evidence supports the conclusion that there may be something bothering her, like anxiety and/or depression, but she cannot be clearly placed into the diagnosis of PTSD. The attending medical providers rely on her narrative. I must say that they were more impressed by her than I.

[19] I observed her to be histrionic and exaggerating her position, very much to her detriment. I do not believe Kevin held an electric drill to her head or treated her badly otherwise, to cause PTSD. She made unbelievable statements about Kevin getting someone in the IRA to kill her, threatening to kill a lawyer, as he then was, Alex Pazaratz and strapping a bomb to himself and going into a restaurant to kill all bastard lawyers. I do not accept such utterings as credible.

[20] I find that out of frustration a medical provider admitted Shelley to hospital so that she could be observed in the long term to reach a definitive diagnosis of her problem but to no avail, since she discharged herself. She is on a waiting list to be admitted to a hospital to observe her.

Kevin Harrington shall pay spousal support to Shelley Harrington in the amount of $2,100.00 per month

Children's Aid Society of the Regional Municipality of Waterloo v. B.A., 2004 CanLII 12742 (ON S.C.)

[4] The father, of course, sought placement of the children into his care. As he was obliged to do, he provided a detailed Plan of Care. He has also detailed his ongoing concerns about the psychological damage being inflicted upon the children by the mother, while they reside with her and about the mother’s continuous denial of his access to the children, along with her other inappropriate behaviour, including threats of suicide, lying to the children and threats to him and to the administration of justice

[25] After the mother was admitted to the psychiatric department of Grand River Hospital in November, 2000, for being weepy and suffering from anxiety, she denied experiencing any depression or stress or family problems and refused treatment.

[26] The doctor who saw her in the hospital’s emergency department a month later opined that she had multiple problems requiring a multidisciplinary approach. He wrote:

“This woman has alienated her family doctor, the social workers and everyone else who seems to be involved in her care…”

[27] Dr. Tadross was the psychiatrist selected by the Society to perform the assessment of the mother’s mental health. He conducted assessments in June and September, 2003. As a result of these, he reached several conclusions, including these:

1. that the mother did not reflect any underlying psychopathology;

2. that the mother’s reactivity makes it difficult for her to distinguish the difference between protection concerns for her children and her own preferences;

Kutlesa v. Kutlesa, 2008 CanLII 13187 (ON S.C.)

[12] Within days, however, the Respondent took a number of steps which the Applicant describes as very frightening and upsetting for her.

[13] On February 26th, 2008 he sent her a text message: “I want a key to my house. I gave up my apartment today.”

[14] On February 27th, 2008 he sent more text messages: “I will be back in the house today. I am also quitting work and the business will fail. Also, the creditors will take half of the house.” “You always had a habit of pushing too far. Now see what happens.”

[15] Later the same day he sent more text messages: “Because you are so greedy, I’m not doing anything anymore including working.” “I am not getting divorced. I am just going to do what I want as far as I am concerned.” “You and everyone like you sucked the life out of me, pushed way too far now you will see.”

[16] The next day, while the Applicant was at work, the Respondent broke into the house by breaking a doorknob on the garage access door. He left a handwritten note on the kitchen table confirming he had been in the house.

[17] The Applicant then proceeded with her emergency motion, stating that she was fearful the Respondent fully intended to move back into the house – after 15 months – to harass her.

[35] At paragraph 70 he adds: “I am currently on sick leave from my duties and have been prescribed medication to assist in my recovery.” Although the Respondent describes himself as “depressed and despondent”, few details are provided. A handwritten note from Dr. Toffolo is uninformative. It merely states: “Joe Kutlesa is off work due to medical reasons with f/u in 2-3 weeks.”

[36] Mr. Jaskot says the Respondent has “learned his lesson” and undertakes to behave in a civil and respectful manner toward the Applicant. Despite that assurance, the Applicant remains fearful. Given recent events; the Applicant’s particular vulnerabilities; and the Respondent’s own admission that his emotional health is somewhat unstable, I must conclude the Applicant’s fear is well-founded.

Tucci v. Tucci, 2008 CanLII 52619 (ON S.C.)

[77] Mrs. Tucci's family doctor (Dr. Davis) reports severe symptoms of anxiety and symptoms of depression. The stress affects Mrs. Tucci's ability to perform in and out of court. Her doctor has recommended that she see a psychiatrist and take time off work. Mrs. Tucci explains that she has not had the time to deal appropriately with her health concerns although this spring she was compelled to adjourn criminal trials due to her health

S.F.M.(C.) v. J.G.C.C., 2002 CanLII 2762 (ON S.C.)

[8] Dr. Boodoosingh is a psychiatrist with many years of experience in both child and adult psychiatry. He began seeing Ms. S.F.M. in March 2002 on a regular basis. Her presenting symptoms were depression, difficulty falling asleep and generalized anxiety. J.C. was not Dr. Boodoosingh’s patient. Dr. Boodoosingh testified that he provided no counselling to J.C. and that there was no medical reason for him to see J.C.. Rather, J.C. did accompany his mother to several of her appointments, which provided the doctor the opportunity to make some observations of J.C. and of his interaction with his mother

[10] The Applicant mother tenders Dr. Boodoosingh as a witness with respect to J.C. for these purposes:

1. As a lay witness to give his observations of the child when he met the child during sessions with the mother; that is, what his observations were, what the child said to him for the purpose of demonstrating the child’s state of mind only;

2. To give his opinion as a psychiatrist as to what conclusions or views he has reached or drawn about J.C. based on those observations, including a diagnosis of J.C. or an opinion that J.C. is exhibiting signs of depression; and,

3. An opinion based on his own research and experience as a psychiatrist as to the merits in general, not in respect of this particular child, of shared custody versus primary residence

K.A.C. v. P.P, 2007 ONCJ 217 (CanLII)

The mother’s psychotherapist described her as “very competent” and as someone who “puts her child’s welfare first”. He noted, however, that the father’s failure to contribute financially to G.C.C.P.’s costs had put a tremendous strain on the mother. The mother’s doctor said that she started anti-depressant medication following the separation; the doctor had no concerns about the mother’s ability to raise her children

Rhora v. Ontario, 2004 CanLII 4046 (ON S.C.)

[7] The plaintiff first experienced what he described as a “breakdown” in 1982, around the time of his separation from Darlene Bryant. He was hospitalized at the Hamilton Psychiatric Hospital for about two months, during which time he was diagnosed with bipolar disorder and placed on a lithium regimen to modify and control his conduct.

A.I. (Re), 2006 CanLII 52802 (ON C.C.B.)

Ms. AI and her former husband had no emotional connection to each other and chose to live together after their divorce solely for the benefit of their children.

Ms. AI first was found to suffer from delusions and depression in November, 2005 when she came to the ER complaining of “feeling dry”. She believed that she was being stalked by drug dealers and said that she had experienced these thoughts for four to five years. She was given a prescription for antipsychotic medication but did not take the medication. She made one appointment to see a psychiatrist but after that, there was no follow-up in the community. Ms. AI had no further contact with the hospital until October 20, 2006 when she was brought to the E.R. by police.

Dr. Hampe became Ms. AI’s attending physician on October 23, 2006. He said that she was pleasant but had rambling speech and frequently swore. She told him that President Bush made her a secret agent and gave her the house where she was found by the police. She said that she was told this by satellite.

Zadegan v. Zadegan, 2003 CanLII 49378 (ON S.C.)

In her first affidavit, sworn on 13 December 2002, Mrs. Zadegan stated that Hania was only attending university on a part-time basis this term because of problems with anxiety and depression related to her parents’ separation.

With respect to Hania, he found that she had not been in school between September and December 2002 but that her absence was justified by her personal problems, which were due in part to her hurt and anger towards her father. The motions judge went on to say:

She is presently in counselling and has progressed to the degree that she was able to re-commence her studies at university in January 2003.

Harding v. Harding, 2006 CanLII 31612 (ON S.C.)

[18] Dr. Priscilla Harding, while being a primary caregiver of the four children during the marriage, also managed significant achievements in her academic pursuits. She holds a Bachelor of Art History, Bachelor of Social Work, a Masters of Arts and Social Welfare and a Ph.D. in Feminist Comparative Social Policy. She is currently unemployed and describes her state of health as including an irreversible, deteriorating condition of her right knee for which she received a long term disability from 2002 to 2004 and she is currently on the Canada Pension Plan Disability which took effect as of 2004. She also suffers from post-traumatic stress, anxiety and depression and has been described, in medical reports as, essentially, unemployable.

I can only imagine how difficult it was for the four children to take the stand to testify against their father in these unfortunate circumstances.

I am also influenced by Dr. Harding’s belief during his testimony that $6,000.00 per month “is too much money to pay for someone who is not working”; that he is not his spouse’s “slave” and that it would be unfair to seize his assets in the circumstances.

[43] In my opinion, Dr. Harding’s comments are indicative of his refusal to recognize Dr. Priscilla Harding’s role in the marriage and his refusal to accept the genuineness of her medical condition.

Yeates v. Yeates, 2007 CanLII 11728 (ON S.C.)

[36] The Wife has seen Dr. Christine Taylor, a Psychiatrist, to help with the Wife’s depression. Dr. Taylor wrote on January 9, 2004, regarding the Wife’s condition. Dr. Marcia Sirota also wrote on October 16, 2006. The Wife went to 12 sessions with Dr. Sirota to help her with an eating disorder, which she developed, she says from the stress of dealing with two special needs children and her Husband’s attitude and behaviour towards her

V.F. v. M.F.1, 2007 CanLII 3881 (ON S.C.)

[165] The Board’s investigation also identified that J.F.1 was “at risk” for a level of depression, and that his “level of clinical maladjustment … was also in the ‘at risk’ range”, suggesting, “he exhibits symptoms of depression as well as overall poor personal adjustment.” J.F.1’s responses to some of the testing activities suggested that he was experiencing emotional distress. The report comments in its formulation section that “it is likely that emotional factors and a lack of coping strategies for dealing with stressful situations, may benefit from being addressed through counselling.”

[167] It is tragic that nearly three years have passed since this recommendation was made, and J.F.1 has received no counselling at all. The CCAS also recommended counselling for all the children, and V.F. refused to consent. It is manifestly clear to everyone but V.F. and his family that these boys desperately need counselling, and they have been deprived of it because of V.F.’s failure to consent. V.F.’s naïve view that a change in custody will fix everything misses the point, and fails to respond to this fundamental and overwhelming need. In this regard, he cannot provide what is in the boys’ best interests, and meet their psychological needs.