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


head-shot photo of author Ilana Arje-Goldenthal

How to Deal with Difficult Parties and Counsel in Family Law Matters

  • 30 novembre 2023
  • Ilana Arje-Goldenthal

In the practice of family law, we frequently encounter “difficult” personalities. It might be our own client, opposing counsel, or a self-represented party. Often managing these individuals and the relationships we have with them is the most challenging aspect of what we do as family law lawyers. This article sets out strategies that have worked for Ilana Arje-Goldenthal in managing these relationships, and hopefully they will prove helpful to you too.

Droit de la famille, Student Forum
head-shot photo of author Kavita Bhagat

Cost of Caring – What Family Lawyers Need to Know

  • 20 novembre 2023
  • Kavita Bhagat

On November 3, 2023, the OBA Elder Law and Family Law Sections hosted a joint program entitled, "Trauma-Informed Lawyering - A New Standard For Client Service and Lawyer Wellness". Kavita Bhagat, one of the panellists, draws from her presentation in a three-part commentary on what family lawyers need to know about trauma-informed lawyering.

Droit de la famille, Student Forum
head-shot photo of author Alison Boyce

Penalty Clauses in Family Law Agreements

  • 20 novembre 2023
  • Alison Boyce

Penalty clauses are sometimes used in family law agreements to deter or punish breaches of contract. How enforceable are these clauses and what will a court consider when determining whether a penalty clause is valid or void? Alison Boyce examines the recent case of Assayag-Shneer v. Shneer, where the Ontario Court of Appeal upheld a penalty clause requiring financial compensation for failure to comply with the terms of a separation agreement.

Droit de la famille, Student Forum
head-shot photo of author Jakob Wenzel

Insights from the Trauma-Informed Lawyering Panel

  • 13 novembre 2023
  • Jakob Wenzel

Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.

Elder Law, Droit de la famille, Student Forum

Family Law Disclosure Rules

  • 22 juin 2023
  • Frances Wood

The need for full and frank financial disclosure is well known among the family law bar and has been the subject of numerous Court of Appeal decisions. But, the proper route to getting that disclosure as efficiently and effectively as possible can be something of a quagmire. In this paper, we review the fundamental mechanics of the Family Law Rules regarding disclosure.

Droit de la famille, Student Forum

A Deep Dive into Shared Parenting: Families and Finances

  • 21 juin 2023
  • Amy Ariganello, law student, Justice for Children and Youth

Navigating a shared parenting arrangement requires careful consideration of what we understand “shared parenting” to mean in various contexts. In the OBA event hosted on June 2, 2023, esteemed panellists discussed the latest developments regarding shared parenting and provided practical insights about all aspects of navigating shared parenting arrangements.

Droit de la famille, Student Forum

Clare's Law - The Need for Domestic Violence Law Reform

  • 19 juin 2023
  • Shelby Firth

Clare’s Law is a domestic violence disclosure scheme first introduced in the UK that allows police to disclose previous abusive or violent offending(s) of a current/ex-partner to a victim/potential victim of domestic abuse. This article explores Clare’s Law and its potential implementation in Ontario to address cases of intimate partner violence.

Droit de la famille, Student Forum

Mental Health and More

  • 19 juin 2023
  • Christine Roth

Being a family law lawyer is hard. Remember to reach out to colleagues and make connections to protect your mental health.

Droit de la famille, Student Forum

What Happens to Embryos on Separation?

  • 14 avril 2023
  • Emma Katz and Kate Deveau

Assisted reproductive technologies have been revolutionary for people and families facing infertility issues, and for single people and queer families wanting to achieve a pregnancy and have children. Read about what happens with frozen embryos with a separation.

Droit de la famille, Student Forum