Articles 2019

Today
Today

Lessons from Modabber v. Kermanshahan

  • February 15, 2024
  • Justyna Waxman, Torkin Manes LLP

Recommended tips for lawyers on the importance of civility and professionalism.

Family Law, Student Forum
head-shot photo of author Kathleen Broschuk

Occupation Rent is Not an Exceptional Remedy in Ontario

  • February 15, 2024
  • Kathleen Broschuk, Jamal Family Law

In Chhom v Green, the Court of Appeal recently affirmed that occupation rent is not an exceptional remedy in Ontario. Litigants should consider the impact of delay on a growing occupation rent claim along with amounts being paid by each party to maintain the property.

Family Law, Student Forum

Non-Family Law Statutes that Family Lawyers Need to Know: The Partition Act

  • February 15, 2024
  • Maryellen Symons, Symons Law

Besides the numerous statutes, regulations, and rules dealing specifically with family law, family lawyers need to be acquainted with some legislation of general application that we may not think of in connection with a family law case. This article is a brief introduction to the Partition Act, RSO 1990, c P.4.

Family Law, Student Forum
photo of authors Karen Jia and Alexandra Carr

The Dilemma of Practice Directions – good intentions, but?

  • February 15, 2024
  • Karen Jia and Alexandra Carr, Lenkinski, Hooper & Carr LLP

The evolution and implementation of practice directions in Ontario have been marked by good intentions. However, despite their evident merits, the implementation of practice directions encounters substantial resistance and confusion in practice, perhaps due to issues of decentralization, lack of uniformity, and potential conflicts with rules of procedure. Is there a solution?

Family Law, Student Forum
head-shot photo of author Christine Marchetti

On Being Weary

  • November 30, 2023
  • Christine Marchetti

The COVID-19 pandemic left many family lawyers burned out between increasing demands on their personal and professional time along with growing incivility. Despite this, there were also moments of connection and goodness. How do we move forward? Christine Marchetti offers her reflections on maintaining resilience and how we can reestablish equilibrium.

Family Law, Student Forum

Why the Practice of Family Law Has Become So Stressful

  • November 30, 2023
  • Steven Benmor

Family law is becoming increasingly burdened by high stress, combative lawyers, and unfair judicial rulings. Lawyers, judges and clients are all accountable. Some clients demand an aggressive approach, lawyers justify it, and judges resist penalizing it. Good advocates are motivated by the goal of serving the public good, protecting children from trauma and helping parents solve family problems collaboratively, rather than contributing to the conflict.

Family Law, Student Forum
head-shot photo of author Ilana Arje-Goldenthal

How to Deal with Difficult Parties and Counsel in Family Law Matters

  • November 30, 2023
  • Ilana Arje-Goldenthal

In the practice of family law, we frequently encounter “difficult” personalities. It might be our own client, opposing counsel, or a self-represented party. Often managing these individuals and the relationships we have with them is the most challenging aspect of what we do as family law lawyers. This article sets out strategies that have worked for Ilana Arje-Goldenthal in managing these relationships, and hopefully they will prove helpful to you too.

Family Law, Student Forum
head-shot photo of author Kavita Bhagat

Cost of Caring – What Family Lawyers Need to Know

  • November 20, 2023
  • Kavita Bhagat

On November 3, 2023, the OBA Elder Law and Family Law Sections hosted a joint program entitled, "Trauma-Informed Lawyering - A New Standard For Client Service and Lawyer Wellness". Kavita Bhagat, one of the panellists, draws from her presentation in a three-part commentary on what family lawyers need to know about trauma-informed lawyering.

Family Law, Student Forum
head-shot photo of author Alison Boyce

Penalty Clauses in Family Law Agreements

  • November 20, 2023
  • Alison Boyce

Penalty clauses are sometimes used in family law agreements to deter or punish breaches of contract. How enforceable are these clauses and what will a court consider when determining whether a penalty clause is valid or void? Alison Boyce examines the recent case of Assayag-Shneer v. Shneer, where the Ontario Court of Appeal upheld a penalty clause requiring financial compensation for failure to comply with the terms of a separation agreement.

Family Law, Student Forum
head-shot photo of author Jakob Wenzel

Insights from the Trauma-Informed Lawyering Panel

  • November 13, 2023
  • Jakob Wenzel

Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.

Elder Law, Family Law, Student Forum