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: Crystal Heidari

Today
Today
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

A Major Concern with the Shared Custody Formula

  • May 12, 2014
  • Gordon Grant

I am convinced there is a problem inherent in the way that the Spousal Support Advisory Guidelines calculate spousal support for shared custody. This problem results in overpayment of spousal support by the payor.

Family Law
The Diner Brief

The Diner Brief

  • April 10, 2014
  • Ian Vallance

Eating Out in Ottawa with Ian Vallance.

Family Law

What Is The Definition Of Property In Ontario, And Can Ontario Courts Make Orders With Regards To Property Of Married Spouses Located Outside Of Ontario?

  • April 10, 2014
  • Glen Schwartz

Even though courts in Ontario do not physically divide property between the parties in the context of family law disputes, they are often asked to determine ownership interests in property, order the sale of property, and determine whether a ‘constructive trust’ claim exists. As a result of such questions being asked, they are required to make orders with regards to property.

Family Law