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
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • February 07, 2023
  • Crystal Heidari

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Family Law, Student Forum
photo of Rebecca Winninger

Raising the Bar on Foreign and Extra-Provincial Marriage Contracts: Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization Under the Family Law Act

  • February 07, 2023
  • Rebecca Winninger

Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.

Family Law, Student Forum
photo of author Maria Golarz

Do Parenting Changes in Response to the COVID-19 Pandemic Create a New Status Quo?

  • February 07, 2023
  • Maria Golarz

Research Lawyer Maria Golarz reviews the longstanding principle that the status quo should be maintained until trial absent compelling reasons. She examines the case law considering this principle in the context of the COVID-19 pandemic. Where parents agree to changes because of concerns over the child’s safety or one of the parent’s employment conditions, does this create a new status quo to be maintained until trial?

Family Law, Student Forum
photo of author Alison Boyce

Do Biological Ties Matter Anymore in Today’s Modern Family?

  • December 01, 2022
  • Alison Boyce

For many years, the court’s default position has been that it is in the best interests of the child to remain with their biological parents. However, more and more cases are being released which question this assumption. The Canadian family has become more complex and quite diverse over the past few years, and the courts are beginning to recognize that the nuclear family is no longer the only option.

Family Law, Student Forum
photo of Justice Sherr

Justice Sherr's Acceptance Speech for the Award for Excellence in Family Law in Memory of James G. McLeod

  • December 01, 2022
  • The Honourable Justice Stanley B. Sherr

Innovations from the family law community, hurdles overcome during the pandemic, and what remains to be accomplished – the Honourable Justice Stanley B. Sherr’s speech says it all. His Honour was presented with the 2020 Award for Excellence in Family Law in Memory of James McLeod at the 2022 OBA Family Law Section dinner, and his speech inspires us all to be better to ourselves, be better to others, and to take times of adversity and turn them into opportunities to improve the family law system.

Family Law, Student Forum
photo of author Neha Chugh

You are Enough

  • November 29, 2022
  • Neha Chugh

Neha Chugh is a lawyer based in Cornwall, Ontario who has spent most of her career advocating for social and legal change. She has a community-focussed legal aid practice that gives a voice to the most vulnerable populations. In Neha’s own words: “Remember how valued you are by your community and how much positive change you can effect through your service. I leave my Catzman Award acceptance speech with you as encouragement for the good days, the hard days, the easy days, the challenging days.”

Family Law, Student Forum
Head shot photo of author Ruchira Kulkarni

Rise of Voice of Child Reports

  • March 31, 2022
  • Ruchira Kulkarni

What's been happening with Voice of the Child Reports? Ruchira Kulkarni updates us on how the courts have been treating VOCRs.

Family Law, Student Forum