Articles 2019

This is an informative article about the strengths, and short-comings of the Ontario Courts' ability to function remotely during the COVID-19 crisis. Modern technological updates are required, and the light shed on this need may be one of the few positive results of a post-COVID-19 Court system in Ontario.

Gary's article offers insightful comments on the struggles evinced by the court system during this unprecedented time. He notes that the current court system is "paper intensive and people intensive" which isn't working any longer. In particular, he passes the torch to the younger members of the bar to ensure that complacency is over-ruled in favour of proactive actions by those best placed to know what needs to be done: the lawyers.

Two of the key objectives of the amendments to the Divorce Act in Bill C-78, as outlined in the preamble to the Bill, are to establish a non-exhaustive list of criteria with respect to the best interests of the child and to assist the courts in addressing family violence.

In the beginning of this month, I had my first trial – a five-day, high conflict parenting trial. Prior to this, I had never sat in on or assisted with a family law trial, so it was an incredible and highly nerve-wracking experience. Now that I have had a bit of time to breathe, I offer here some of my “lessons learned” from this experience for others who will find themselves in my shoes.

This is an article for family lawyers to keep close at hand, as they consider for their clients the effects in cases now that the definition of who a parent is has formally changed. Oren and Maria have helpfully touched on several areas of law affected.

Adam's informative and gripping article was trending at #1 on Apple News, and for good reason. Readers will enjoy another article on disclosure (though it is not in poem form as per David Frenkel's most recent submission). Here, the contrary litigant experiences the consequences of his ongoing failures to cooperate firsthand. This is a cautionary tale, and one we want to impress upon our clients when they ask us if they must really provide full financial disclosure.

This is an informative and succinct review of the recently launched LGBTQ2+ Law: Practice Issues and Analysis, authored by Joanna Radbord, and including chapters contributed by well-respected practitioners, academics, and activists.

This poem from David Frenkel delves nicely into the fear and loathing that our clients can experience when dealing with the task of gathering their financial disclosure.

An insightful reminder of the need for family law lawyers to consider their clients' domestic situations in terms of how and when to move a file forward. Steve Benmor shares his experience, including how he has faced these challenges in his own practice, including details gleaned form his training in mediation and domestic violence screening.

This is a timely article that canvases 2017 and 2018 case law for family law lawyers regarding the treatment of spousal and child support obligations on the death of the payor, and the corresponding rights and obligations that must be considered by family law lawyers when drafting Agreements and consent Orders.