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What Happens to Embryos on Separation?
Emma Katz and Kate Deveau | April 14, 2023
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.
Learn moreThe Role of Family Law Counsel
Michael J. Marra | April 11, 2023
Michael Marra has been practicing family law in Southern Ontario since 1981. He is currently practicing in Ontario on a fully remote basis from Treaty One Territory (Winnipeg). Through his extensive experience, he has noticed that the past 40 years have featured countless reforms to the family justice system but, arguably, the public is less engaged than ever. Maybe it is time to reform the role of the family law lawyer?
Learn moreDo Parenting Changes in Response to the COVID-19 Pandemic Create a New Status Quo?
Maria Golarz | February 07, 2023
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?
Learn moreRebecca Winninger | February 07, 2023
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.
Learn moreSettlement Privilege: Exceptions and Considerations in Family Law
Crystal Heidari | February 07, 2023
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?
Learn moreDo Biological Ties Matter Anymore in Today’s Modern Family?
Alison Boyce | December 01, 2022
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.
Learn moreThe Honourable Justice Stanley B. Sherr | December 01, 2022
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.
Learn moreBartley v. Brown: How to Obtain a Pension Valuation when the Pension Holder won't Cooperate
Kathy Batycky | November 29, 2022
The recent case of Bartley v. Brown, 2022 ONSC 6264 provides helpful assistance on what you can do to obtain the pension valuation of the other spouse, when that spouse refuses to cooperate in any way.
Learn moreNeha Chugh | November 29, 2022
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.”
Learn moreSetting Aside Marriage Contracts: Recent Cases and Important Takeaways
Kori Levitt and Daniel Bernstein | June 22, 2022
Find out what the recent case law says about setting aside marriage contracts! This article has useful case law summaries and handy takeaways/tips when drafting your contracts.
Learn moreAdmission of New Evidence on Appeal: The SCC’s decision in Barendregt v. Grebliunas
Justyna Waxman, family lawyer at Torkin Manes LLP | June 10, 2022
What is the test for admitting “new” evidence on appeal? Justyna Waxman explains the SCC’s recent decision and how the Palmer criteria apply, regardless of whether the evidence relates to facts that occurred before or after trial.
Learn moreAccess early, evaluative assistance by understanding what Dispute Resolution Officers (“DROs”) can do, and how best to use them. DROs are available in a growing number of Superior Court of Justice locations across the province and can assist families by triaging and narrowing issues, and getting a consent order from a judge.
Learn moreThe Latest Family Law Case from the SCC: Is Confidentiality in Family Mediations Absolute?
Kathy Batycky | January 21, 2022
In this timely article, Kathy Batycky explains how the settlement exception to confidentiality in family mediation applies, as set out in the Supreme Court of Canada’s December 2021 decision of Association de médiation familiale du Québec v Bouvier.
Learn moreLegal Fees and Income: To Deduct or Not to Deduct is that Really a Question?
Aaron Mastervick, partner, MacDonald & Partners LLP | January 18, 2022
When can family law legal fees be deducted from a person's income for support purposes? This articles explores these fees as a potential deduction, and summarizes recent case law on the issue.
Learn moreHow and When to Safeguard the Independence of the Expert
Katherine L. Shadbolt | November 25, 2021
Katherine L. Shadbolt reviews the test for admissibility of expert evidence as set out by the SCC in White Burgess, discusses four significant Ontario cases where expert evidence was not admitted, and provides practical tips on how Counsel can safeguard the independence of the expert.
Learn moreIntervening Before the Supreme Court of Canada as told by a Kinesthetic Learner
Ceilidh Joan Henderson, family lawyer at Teshebaeva Henderson | November 08, 2021
Ceilidh Joan Henderson shares a unique, behind the scenes look at intervening at the Supreme Court of Canada in the case of Colucci v. Colucci, 2021 SCC 24.
Learn moreIt’s Time to Reconsider “Competency”
Joel Miller | October 30, 2021
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?
Learn moreHow Lawyers Can Learn From Failure
Neha Chugh, Chugh Law | October 27, 2021
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.
Learn moreCase Summary of N. v. F., 2021 ONCA 688: Stay Pending Appeal of N. v. F., 2021 ONCA 614
Aalia Adatia, associate lawyer, Hendrikx Family Law | October 23, 2021
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.
Learn moreJoel Miller | October 18, 2021
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.
Learn moreA Template for Examination and Cross of an Assessment of Psychological Functioning in Family Court
Dr. Raymond M. Morris, Ph.D., C.Psych., Acc. Fm., psychologist | October 03, 2021
Dr. Raymond M. Morris explains assessments of psychological functioning. Family law counsel should understand the purpose, main components, and limits of an assessment of psychological functioning, particularly when preparing to examine or cross-examine the assessor.
Learn moreExceptional Women of the Bench and Bar
Christine Vanderschoot, principal, Vanderschoot Family Law | September 15, 2021
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.
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