Articles 2023

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Kelly Watson outlines the considerations for moving children as it relates to the new relocation laws.

This article starts with an historical tour of how family law used to be practiced, and how it has changed since the introduction of the Family Law Rules. For some, ahem, older counsel, this will be a trip down memory lane, but for many Steve’s portrait will be completely foreign. Imagine practicing family law without the Rules! This article reminds us all that, despite the Rules now in place, counsel must constantly be aware of their own actions and how they may affect a family law case.

Part 2 of Vanessa Lam's two-part series delves into how the courts have actually been dealing with applications to change support during the pandemic. Vanessa’s work includes information on how the government has acted during this time of uncertainty where reduced incomes in one household may be relied upon by another household to provide support at the same or similar pre-pandemic levels.

While we know that COVID-19 has had an impact on family law cases, Vanessa Lam’s two part series gives an in-depth analysis of how support obligations may have been affected by the pandemic. Part 1 offers a refresher on some of the principles underlying support, including the test a litigant must meet if s/he seeks to change a support obligation.

The Ontario Court of Appeal in Van Delst v Hronowsky, 2020 ONCA 329 held the Pension Benefits Act, RSO 1990, c P.8 is the default regime for valuing non-Ontario Pensions for family law purposes in Ontario.

This is a tort that is sure to have further application in the family law realm. Andrea clearly outlines how it has been used so far, and why it is relevant to family law lawyers who may be advising their clients on what on-line behaviours are acceptable or punishable in terms of damages awarded.