Articles 2021

Today
Today
How and When to Safeguard the Independence of the Expert

How and When to Safeguard the Independence of the Expert

  • November 25, 2021
  • Katherine L. Shadbolt

Katherine L. Shadbolt reviews the test for admissibility of expert evidence as set out by the SCC in White Burgess, discusses four significant Ontario cases where expert evidence was not admitted, and provides practical tips on how Counsel can safeguard the independence of the expert.

Family Law, Student Forum
Joel Miller

It’s Time to Reconsider “Competency”

  • October 30, 2021
  • Joel Miller

As Binding Judicial Resolution allows for judges to hear relevant information in a less costly and less complicated way for less complex cases, shouldn’t lawyers be able to work out a way to deliver less costly and less complicated services in the same cases? Shouldn’t informed consent be able to allow a different mix of skills and services to be used at a different cost for the client?

Family Law, Student Forum
Neha Chugh

How Lawyers Can Learn From Failure

  • October 27, 2021
  • Neha Chugh, Chugh Law

As great as it can be to celebrate success, Neha Chugh has an important message about the importance of learning from failure. Lawyers don’t often talk about our failures. But sharing our stories of failure will authenticate lawyers, remind us of our humanity, and allow for learning and growth.

Family Law, Student Forum
Aalia Adatia

Case Summary of N. v. F., 2021 ONCA 688: Stay Pending Appeal of N. v. F., 2021 ONCA 614

  • October 23, 2021
  • Aalia Adatia, associate lawyer, Hendrikx Family Law

N. v. F. raises issues of how a non-Hague signatory country would determine parenting rights and whether an involuntary separation from a parent creates a serious risk of harm to a child. In the latest round of litigation, the Court of Appeal for Ontario granted the mother a stay pending her appeal to the Supreme Court of Canada.

Family Law, Student Forum
Joel Miller

Ontario’s Binding Judicial Dispute Resolution Pilot Project – Crossing the Rubicon or the Camel’s Nose? Does it make a difference?

  • October 18, 2021
  • Joel Miller

With Binding Judicial Dispute Resolution we now have a “streamlined way to reach a final resolution of less complex family law cases” using “less formal processes” in which a judge may “ask questions and request additional information” and hear anything that they consider important and relevant … regardless of the formal rules of evidence. This is a big deal.

Family Law, Student Forum