Articles 2023

Aujourdʼhui
Aujourdʼhui

What Happens to Embryos on Separation?

  • 14 avril 2023
  • Emma Katz and Kate Deveau

Assisted reproductive technologies have been revolutionary for people and families facing infertility issues, and for single people and queer families wanting to achieve a pregnancy and have children. Read about what happens with frozen embryos with a separation.

Droit de la famille, Student Forum
photo of author Michael Marra

The Role of Family Law Counsel

  • 11 avril 2023
  • Michael J. Marra

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?

Droit de la famille, Student Forum

The Legacy of the Nightingale Case

  • 11 avril 2023
  • Christine Vanderschoot

This article is about the unintended impact Horowitz v. Nightingale (2017) may have had in terms of dispute resolution clauses in separation agreements - specifically arbitration provisions.

Droit de la famille, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • 07 février 2023
  • Crystal Heidari

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?

Droit de la famille, Student Forum
photo of Rebecca Winninger

Raising the Bar on Foreign and Extra-Provincial Marriage Contracts: Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization Under the Family Law Act

  • 07 février 2023
  • Rebecca Winninger

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.

Droit de la famille, Student Forum
photo of author Maria Golarz

Do Parenting Changes in Response to the COVID-19 Pandemic Create a New Status Quo?

  • 07 février 2023
  • Maria Golarz

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?

Droit de la famille, Student Forum
photo of author Alison Boyce

Do Biological Ties Matter Anymore in Today’s Modern Family?

  • 01 décembre 2022
  • Alison Boyce

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.

Droit de la famille, Student Forum
photo of Justice Sherr

Justice Sherr's Acceptance Speech for the Award for Excellence in Family Law in Memory of James G. McLeod

  • 01 décembre 2022
  • The Honourable Justice Stanley B. Sherr

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.

Droit de la famille, Student Forum
photo of author Neha Chugh

You are Enough

  • 29 novembre 2022
  • Neha Chugh

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.”

Droit de la famille, Student Forum