Matrimonial Affairs

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.

When can family law legal fees be deducted from a person's income for support purposes? This articles explores these fees as a potential deduction, and summarizes recent case law on the issue.

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.