Articles

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.

Part 2 of Vanessa Lam's two-part series delves into how the courts have actually been dealing with applications to change support during the pandemic. Vanessa’s work includes information on how the government has acted during this time of uncertainty where reduced incomes in one household may be relied upon by another household to provide support at the same or similar pre-pandemic levels.

While we know that COVID-19 has had an impact on family law cases, Vanessa Lam’s two part series gives an in-depth analysis of how support obligations may have been affected by the pandemic. Part 1 offers a refresher on some of the principles underlying support, including the test a litigant must meet if s/he seeks to change a support obligation.

Co-chair Kimberley Ishmael summarizes the highlights of a program discussing the new rights and obligations stemming from Part X of the Child, Youth and Family Services Act. The program, which was held by webcast on June 25, 2020, was jointly hosted by the OBA's Privacy and Access to Information Law Section and Child and Youth Law Section.

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario.

On June 25, the OBA convened a webinar panel of legal practitioners in the field of child and youth law to discuss the impact that Part X of the Child, Youth, and Family Services Act will have on service providers, and the challenges that are likely to arise throughout its implementation across the province.

The last Brown Bag Lunch of the term saw participants revisiting last month's discussion of the and comparing approaches to drafting Wills where the testator holds a RIF, speculating about increased probate and capital gains taxes in the future, and expressing frustration at probate application delays resulting from the court closure. Join in on the discussions in September, when the BBL reconvenes for a new term.

On those occasions where a bond is prima facie required, and the estate trustee cannot obtain an order dispensing with the requirement, how does one proceed? What exactly is a bond, how is it obtained, what does it cost, and how long must it be maintained? This article answers those basic questions and more, giving estates practitioners the necessary information to guide clients through the process.

As of 2021, trust reporting requirements will increase for non-resident trusts and certain Canadian-resident trusts. Find out how to meet the requirements and set up trusts for success in this new reporting regime of heightened disclosure, accountability and transparency obligations.