Articles 2021

Aujourdʼhui
Aujourdʼhui
head-shot photo of author Steven Benmor

High Conflict Divorce: Tips from the Trenches

  • 27 mai 2024
  • Steven Benmor, principal lawyer at Benmor Family Law Group

In the field of family law, clients' emotions run high and that is often a driving force in their selection of legal counsel. Steve Benmor provides some tips that he has successfully employed in his practice to navigate hostile divorce litigation.

Droit de la famille, Student Forum

The Snooping Spouse Problem: Insights from Moran v. Moran

  • 09 avril 2024
  • Katherine Allen, articling student at Burrison Hudani Doris LLP

What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.

Droit de la famille, Student Forum

Access to Justice for Incarcerated Parents: Bridging the Gap

  • 09 avril 2024
  • Emily O'Keefe, McLeod Green Dewar LLP & Associates

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

Droit de la famille, Student Forum
head-shot photo of author Shelly Kalra

Best Practices: How to Prepare for Court and What to Expect

  • 09 avril 2024
  • Shelly Kalra, Kalra Family Law

Standing in front of a judge and not knowing what to do is daunting. Trust me – we have all been there. This article will provide best practices on how to effectively prepare for court and what to expect when you get there. With a little bit of time, patience, and preparation, you can ensure that your court appearances are helpful and leave your client raving about how great a lawyer you are. Are you ready for this journey? Let’s go.

Droit de la famille, Student Forum

The Intersection of Family Law and Real Estate Law

  • 09 avril 2024
  • Yvonna Conte, YBC Law

The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.

Droit de la famille, Student Forum

Lessons from Modabber v. Kermanshahan

  • 15 février 2024
  • Justyna Waxman, Torkin Manes LLP

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

Droit de la famille, Student Forum
head-shot photo of author Kathleen Broschuk

Occupation Rent is Not an Exceptional Remedy in Ontario

  • 15 février 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.

Droit de la famille, Student Forum

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

  • 15 février 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.

Droit de la famille, Student Forum
photo of authors Karen Jia and Alexandra Carr

The Dilemma of Practice Directions – good intentions, but?

  • 15 février 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?

Droit de la famille, Student Forum
head-shot photo of author Christine Marchetti

On Being Weary

  • 30 novembre 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.

Droit de la famille, Student Forum