Articles 2020

In light of the recent Donald Sterling controversy engulfing the National Basketball Association, it is important to examine the difficulty Ontario family courts face when considering the admission of audio recordings into evidence, including when a recording is made without the knowledge and consent of the other party.

Even though courts in Ontario do not physically divide property between the parties in the context of family law disputes, they are often asked to determine ownership interests in property, order the sale of property, and determine whether a ‘constructive trust’ claim exists. As a result of such questions being asked, they are required to make orders with regards to property.

So why is family law so important? And just as importantly, why should new lawyers consider building a practice that includes family and children’s law? I offer five reasons for your consideration.

The case tells a story of a 14-year-old youth who is the Applicant. She is the child of a Respondent and J.M., her mother,and she is suing the Respondent for child support. The Respondent has claimed no further liability for child support because of a certain contract he and J.M. signed before the Applicant's birth and in respect of which terms he did fulfil. The Applicant, I suppose, is apparently acting with chutzpah, to assert the contract is no defence.