Articles 2019

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.

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.

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.”

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.

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.

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

Emma Katz reviews the newest member of the tort law family, the tort of family violence. This tort was recently recognized by Mandhane J. and is expected to provide new and potentially significant relief in cases of family violence.

This article explores some of the new relocation provisions under the Divorce Act, including the various burdens of proof, and how a few recent Ontario cases have applied the new relocation framework.