Matrimonial Affairs

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.

This is an informative article about the strengths, and short-comings of the Ontario Courts' ability to function remotely during the COVID-19 crisis. Modern technological updates are required, and the light shed on this need may be one of the few positive results of a post-COVID-19 Court system in Ontario.

Gary's article offers insightful comments on the struggles evinced by the court system during this unprecedented time. He notes that the current court system is "paper intensive and people intensive" which isn't working any longer. In particular, he passes the torch to the younger members of the bar to ensure that complacency is over-ruled in favour of proactive actions by those best placed to know what needs to be done: the lawyers.

Two of the key objectives of the amendments to the Divorce Act in Bill C-78, as outlined in the preamble to the Bill, are to establish a non-exhaustive list of criteria with respect to the best interests of the child and to assist the courts in addressing family violence.

In the beginning of this month, I had my first trial – a five-day, high conflict parenting trial. Prior to this, I had never sat in on or assisted with a family law trial, so it was an incredible and highly nerve-wracking experience. Now that I have had a bit of time to breathe, I offer here some of my “lessons learned” from this experience for others who will find themselves in my shoes.