Matrimonial Affairs

About ArticlesLes articles ci-dessous sont publiés par la Section du droit de la famille de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteur : Christine Vanderschoot

 

Aujourdʼhui
Aujourdʼhui

Income Calculation Considerations in a Marital Breakdown

  • 11 septembre 2024
  • Nick Rotundo, CPA, CA, CBV

One of the most vexing issues in family law is determining what is a person's income for the purposes of paying support. This article provides an overview of some of the most common concepts related to calculating income for support purposes.

Droit de la famille, Student Forum
head-shot photo of author Steve Benmor

Litigation, Law Clerks & Cirque Du Soleil: Lessons Learned

  • 29 juillet 2024
  • Steven Benmor, principal lawyer at Benmor Family Law Group

Steve Benmor reminds legal professionals to give a standing ovation to the unsung heroes of the office as he reflects on how a Cirque du Soleil performance inspired the recognition of his clerk and her crucial contributions to his client's case.

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

Parenting Assessments: Unveiling Truths, Overcoming Hurdles

  • 04 juillet 2024
  • Crystal Heidari, Burke and Co. Family Law Litigation and Advocacy Group

Section 30 Children’s Law Reform Act assessments are used to evaluate the needs of a child and the ability of parents to meet those needs, aiming to serve the child's best interests. These assessments, performed by qualified professionals, provide objective insights into family dynamics and parental capabilities. However, their high cost and the shortage of assessors create significant barriers to justice, making it difficult for many families to access these crucial evaluations.

Droit de la famille, Student Forum
head-shot photo of author Steven Benmor

High Conflict Divorce: Tips from the Trenches

  • 27 mai 2024
  • Steven Benmor, principal lawyer at Benmor Family Law Group

In the field of family law, clients' emotions run high and that is often a driving force in their selection of legal counsel. Steve Benmor provides some tips that he has successfully employed in his practice to navigate hostile divorce litigation.

Droit de la famille, Student Forum

The Snooping Spouse Problem: Insights from Moran v. Moran

  • 09 avril 2024
  • Katherine Allen, articling student at Burrison Hudani Doris LLP

What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.

Droit de la famille, Student Forum

Access to Justice for Incarcerated Parents: Bridging the Gap

  • 09 avril 2024
  • Emily O'Keefe, McLeod Green Dewar LLP & Associates

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

Droit de la famille, Student Forum
head-shot photo of author Shelly Kalra

Best Practices: How to Prepare for Court and What to Expect

  • 09 avril 2024
  • Shelly Kalra, Kalra Family Law

Standing in front of a judge and not knowing what to do is daunting. Trust me – we have all been there. This article will provide best practices on how to effectively prepare for court and what to expect when you get there. With a little bit of time, patience, and preparation, you can ensure that your court appearances are helpful and leave your client raving about how great a lawyer you are. Are you ready for this journey? Let’s go.

Droit de la famille, Student Forum

The Intersection of Family Law and Real Estate Law

  • 09 avril 2024
  • Yvonna Conte, YBC Law

The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.

Droit de la famille, Student Forum

Lessons from Modabber v. Kermanshahan

  • 15 février 2024
  • Justyna Waxman, Torkin Manes LLP

Recommended tips for lawyers on the importance of civility and professionalism.

Droit de la famille, Student Forum
head-shot photo of author Kathleen Broschuk

Occupation Rent is Not an Exceptional Remedy in Ontario

  • 15 février 2024
  • Kathleen Broschuk, Jamal Family Law

In Chhom v Green, the Court of Appeal recently affirmed that occupation rent is not an exceptional remedy in Ontario. Litigants should consider the impact of delay on a growing occupation rent claim along with amounts being paid by each party to maintain the property.

Droit de la famille, Student Forum