Articles 2022

Neha Chugh is a lawyer based in Cornwall, Ontario who has spent most of her career advocating for social and legal change. She has a community-focussed legal aid practice that gives a voice to the most vulnerable populations. In Neha’s own words: “Remember how valued you are by your community and how much positive change you can effect through your service. I leave my Catzman Award acceptance speech with you as encouragement for the good days, the hard days, the easy days, the challenging days.”

Find out what the recent case law says about setting aside marriage contracts! This article has useful case law summaries and handy takeaways/tips when drafting your contracts.

What is the test for admitting “new” evidence on appeal? Justyna Waxman explains the SCC’s recent decision and how the Palmer criteria apply, regardless of whether the evidence relates to facts that occurred before or after trial.

What's been happening with Voice of the Child Reports? Ruchira Kulkarni updates us on how the courts have been treating VOCRs.

Emma Katz reviews the newest member of the tort law family, the tort of family violence. This tort was recently recognized by Mandhane J. and is expected to provide new and potentially significant relief in cases of family violence.

This article explores some of the new relocation provisions under the Divorce Act, including the various burdens of proof, and how a few recent Ontario cases have applied the new relocation framework.

Access early, evaluative assistance by understanding what Dispute Resolution Officers (“DROs”) can do, and how best to use them. DROs are available in a growing number of Superior Court of Justice locations across the province and can assist families by triaging and narrowing issues, and getting a consent order from a judge.

In this timely article, Kathy Batycky explains how the settlement exception to confidentiality in family mediation applies, as set out in the Supreme Court of Canada’s December 2021 decision of Association de médiation familiale du Québec v Bouvier.