ARTICLES

About Articles The below articles are published by the Family Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Katherine Batycky

Today
Today

"Views and Preferences", "In Context" and the Traditional Advocate Model

  • June 19, 2014
  • Jeffery Wilson

Jeffery Wilson authors Wilson On Children and the Law and the monthly Ontario Family Law Reporter, each Lexis Nexis publications. We have invited him to borrow from his writings and his teaching at the law schools to provide a regular commentary for "Matrimonial News".

Family Law
Did You Know?

Did You Know?

  • June 19, 2014
  • Victoria Starr

Here is some of what’s going on in or related to family law.

Family Law
Message from the Chair

Message from the Chair

  • June 19, 2014
  • Steve Benmor

A message of thanks and an introduction to the 2014/2015 Family Law Executive.

Family Law
Message from the Chair

Message from the Chair

  • May 13, 2014
  • Steven Benmor

Firstly, I invite our members to join a committee and work with the Executive on Family Law education, law reform and community outreach. Secondly, I am proud to announce that this year's OBA Award for Excellence in Family Law in Memory of James G. McLeod will be awarded to Thomas Dart of Barriston LLP - Barrie. The Award will be presented at our End of Year Dinner at the Eglinton Grand on June 12, 2014.

Family Law
The Diner Brief

The Diner Brief

  • May 12, 2014
  • Bobbi M. Olsen

I turned my mind to the very important determination of where to eat surrounding the courts at 47 Sheppard Avenue. Frankly, however, who has time to eat during the Court day? Is there some file you should be resolving that you aren’t? Have you not developed the time-honoured tradition of the nervous stomach? Who eats at 1:00? Who’s got two thumbs and no time to eat? This girl.

Family Law
Musings on Judicial Process in Family Law

Musings on Judicial Process in Family Law

  • May 12, 2014
  • Gerry Sadvari

My recent retirement from representing clients in family law matters after 35 years has allowed some perspective to finally seep in. I leave for another day exploring why so many unsympathetic, overly aggressive lawyers chose to practice family law, causing themselves and others quite unnecessary pain and difficulties. I prefer to muse about how that part of our practice within the judicial system can be improved, at little additional cost.

Family Law

Hurry Up and Sue!

  • May 12, 2014
  • Bill Rogers

It’s hard to argue with the wisdom of Neil Sedaka, whose classic 1962 song captured an obvious truth: Breaking Up is Hard to Do. Thanks to the Ontario government, it just got a whole lot harder. Read the latest on changes to the Limitations Act.

Family Law
Alienation Update: What Are The Courts Doing With These Cases?

Alienation Update: What Are The Courts Doing With These Cases?

  • May 12, 2014
  • Jennifer Samara Shuber

Parental alienation cases are not going away. Having reared its ugly head for the first time in or around 1985 when the term “parental alienation syndrome” was coined by Dr. Richard Gardiner, sadly, this pathology is here to stay. That being the case, how are our courts dealing with these most extreme of high conflict cases? How are judges handling this behaviour, which some have gone so far as to label as child abuse?

Family Law
A Reply to Mr. Grant: No “Errors" in the Share Custody Formula

A Reply to Mr. Grant: No “Errors" in the Share Custody Formula

  • May 12, 2014
  • Carol Rogerson and Rollie Thompson

Mr. Grant’s criticisms of the shared custody formula from the Spousal Support Advisory Guidelines are without merit. It is unfortunate that Matrimonial Affairs has chosen to publish his flawed critique, but we appreciate the opportunity to reply.

Family Law
A Guide to the New PBA Pension Clauses in DIVORCEmate’s Precedents Software

A Guide to the New PBA Pension Clauses in DIVORCEmate’s Precedents Software

  • May 12, 2014
  • S. Christine Montgomery

The purpose of this article is to assist the Family Law Bar in drafting agreements which respond to changes in the law of pension division on marriage breakdown - it will give the user an overview of how and when to use newly drafted PBA pension clauses in DIVORCEmate’s Standard Form Separation Agreement (“SFSA”) and related Collaborative SFSA

Family Law