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

Joel Miller

It’s Time to Reconsider “Competency”

  • October 30, 2021
  • Joel Miller

As Binding Judicial Resolution allows for judges to hear relevant information in a less costly and less complicated way for less complex cases, shouldn’t lawyers be able to work out a way to deliver less costly and less complicated services in the same cases? Shouldn’t informed consent be able to allow a different mix of skills and services to be used at a different cost for the client?

Family Law, Student Forum
Neha Chugh

How Lawyers Can Learn From Failure

  • October 27, 2021
  • Neha Chugh, Chugh Law

As great as it can be to celebrate success, Neha Chugh has an important message about the importance of learning from failure. Lawyers don’t often talk about our failures. But sharing our stories of failure will authenticate lawyers, remind us of our humanity, and allow for learning and growth.

Family Law, Student Forum
Aalia Adatia

Case Summary of N. v. F., 2021 ONCA 688: Stay Pending Appeal of N. v. F., 2021 ONCA 614

  • October 23, 2021
  • Aalia Adatia, associate lawyer, Hendrikx Family Law

N. v. F. raises issues of how a non-Hague signatory country would determine parenting rights and whether an involuntary separation from a parent creates a serious risk of harm to a child. In the latest round of litigation, the Court of Appeal for Ontario granted the mother a stay pending her appeal to the Supreme Court of Canada.

Family Law, Student Forum
Joel Miller

Ontario’s Binding Judicial Dispute Resolution Pilot Project – Crossing the Rubicon or the Camel’s Nose? Does it make a difference?

  • October 18, 2021
  • Joel Miller

With Binding Judicial Dispute Resolution we now have a “streamlined way to reach a final resolution of less complex family law cases” using “less formal processes” in which a judge may “ask questions and request additional information” and hear anything that they consider important and relevant … regardless of the formal rules of evidence. This is a big deal.

Family Law, Student Forum
Christine Vanderschoot,

Exceptional Women of the Bench and Bar

  • September 15, 2021
  • Christine Vanderschoot, principal, Vanderschoot Family Law

The “Exceptional Women of the Bench and Bar” webinar held on September 9, 2021 offered key insights from and networking and mentoring opportunities with leaders of the bench and bar. Christine Vanderschoot highlights some of the advice given to young lawyers, how the career paths of senior lawyers/judges changed over time, and tips for fostering sponsorship or mentoring relationships.

Family Law, Student Forum

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law
Alexys Santos

Institute Series - Serving the Family

  • February 24, 2021
  • Alexys Santos, student-at-law, Dwyer Law Office

Law student, Alexys, provides her insight into the experience of attending the February 4, 2021 OBA Institute session on Professionalism and Ethics Challenges.

Family Law, Student Forum

The Impact of High Conflict Family Law Lawyers on Separating Families

  • July 09, 2020
  • Steve Benmor

This article starts with an historical tour of how family law used to be practiced, and how it has changed since the introduction of the Family Law Rules. For some, ahem, older counsel, this will be a trip down memory lane, but for many Steve’s portrait will be completely foreign. Imagine practicing family law without the Rules! This article reminds us all that, despite the Rules now in place, counsel must constantly be aware of their own actions and how they may affect a family law case.

Family Law, Student Forum