Articles 2022

Aujourdʼhui
Aujourdʼhui

Hurry Up and Sue!

  • 12 mai 2014
  • Bill Rogers

It’s hard to argue with the wisdom of Neil Sedaka, whose classic 1962 song captured an obvious truth: Breaking Up is Hard to Do. Thanks to the Ontario government, it just got a whole lot harder. Read the latest on changes to the Limitations Act.

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Alienation Update:What Are The Courts Doing With These Cases?

Alienation Update:What Are The Courts Doing With These Cases?

  • 12 mai 2014
  • Jennifer Samara Shuber

Parental alienation cases are not going away. Having reared its ugly head for the first time in or around 1985 when the term “parental alienation syndrome” was coined by Dr. Richard Gardiner, sadly, this pathology is here to stay. That being the case, how are our courts dealing with these most extreme of high conflict cases? How are judges handling this behaviour, which some have gone so far as to label as child abuse?

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A Reply to Mr. Grant: No “Errors" in the Share Custody Formula

A Reply to Mr. Grant: No “Errors" in the Share Custody Formula

  • 12 mai 2014
  • Carol Rogerson and Rollie Thompson

Mr. Grant’s criticisms of the shared custody formula from the Spousal Support Advisory Guidelines are without merit. It is unfortunate that Matrimonial Affairs has chosen to publish his flawed critique, but we appreciate the opportunity to reply.

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A Guide to the New PBA Pension Clauses in DIVORCEmate’s Precedents Software

  • 12 mai 2014
  • S. Christine Montgomery

The purpose of this article is to assist the Family Law Bar in drafting agreements which respond to changes in the law of pension division on marriage breakdown - it will give the user an overview of how and when to use newly drafted PBA pension clauses in DIVORCEmate’s Standard Form Separation Agreement (“SFSA”) and related Collaborative SFSA

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A Major Concern with the Shared Custody Formula

  • 12 mai 2014
  • Gordon Grant

I am convinced there is a problem inherent in the way that the Spousal Support Advisory Guidelines calculate spousal support for shared custody. This problem results in overpayment of spousal support by the payor.

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The Diner Brief

The Diner Brief

  • 10 avril 2014
  • Ian Vallance

Eating Out in Ottawa with Ian Vallance.

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What Is The Definition Of Property In Ontario, And Can Ontario Courts Make Orders With Regards To Property Of Married Spouses Located Outside Of Ontario?

  • 10 avril 2014
  • Glen Schwartz

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.

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The Value of Family Law in the Life of a New Lawyer

  • 10 avril 2014
  • Lucy McSweeney

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.

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Special Parties and the Appointment of the Office of the Public Guardian and Trustee

Special Parties and the Appointment of the Office of the Public Guardian and Trustee

  • 10 avril 2014
  • Robert Shawyer

If you suspect that either your client or the opposing party is suffering from a mental condition that renders them incapable of properly instructing counsel, entering into a binding legal agreement or representing themselves before a court of competent jurisdiction the 1st question you should ask is “How do I determine whether the person in question is incapable and therefore likely to be found a special party pursuant to Rule 2?”

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