Articles 2021

Michael Marra has been practicing family law in Southern Ontario since 1981. He is currently practicing in Ontario on a fully remote basis from Treaty One Territory (Winnipeg). Through his extensive experience, he has noticed that the past 40 years have featured countless reforms to the family justice system but, arguably, the public is less engaged than ever. Maybe it is time to reform the role of the family law lawyer?

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.

Research Lawyer Maria Golarz reviews the longstanding principle that the status quo should be maintained until trial absent compelling reasons. She examines the case law considering this principle in the context of the COVID-19 pandemic. Where parents agree to changes because of concerns over the child’s safety or one of the parent’s employment conditions, does this create a new status quo to be maintained until trial?

For many years, the court’s default position has been that it is in the best interests of the child to remain with their biological parents. However, more and more cases are being released which question this assumption. The Canadian family has become more complex and quite diverse over the past few years, and the courts are beginning to recognize that the nuclear family is no longer the only option.

Innovations from the family law community, hurdles overcome during the pandemic, and what remains to be accomplished – the Honourable Justice Stanley B. Sherr’s speech says it all. His Honour was presented with the 2020 Award for Excellence in Family Law in Memory of James McLeod at the 2022 OBA Family Law Section dinner, and his speech inspires us all to be better to ourselves, be better to others, and to take times of adversity and turn them into opportunities to improve the family law system.

The recent case of Bartley v. Brown, 2022 ONSC 6264 provides helpful assistance on what you can do to obtain the pension valuation of the other spouse, when that spouse refuses to cooperate in any way.