Articles 2022

In this timely article, Kathy Batycky explains how the settlement exception to confidentiality in family mediation applies, as set out in the Supreme Court of Canada’s December 2021 decision of Association de médiation familiale du Québec v Bouvier.

When can family law legal fees be deducted from a person's income for support purposes? This articles explores these fees as a potential deduction, and summarizes recent case law on the issue.

Katherine L. Shadbolt reviews the test for admissibility of expert evidence as set out by the SCC in White Burgess, discusses four significant Ontario cases where expert evidence was not admitted, and provides practical tips on how Counsel can safeguard the independence of the expert.

Ceilidh Joan Henderson shares a unique, behind the scenes look at intervening at the Supreme Court of Canada in the case of Colucci v. Colucci, 2021 SCC 24.

As Binding Judicial Resolution allows for judges to hear relevant information in a less costly and less complicated way for less complex cases, shouldn’t lawyers be able to work out a way to deliver less costly and less complicated services in the same cases? Shouldn’t informed consent be able to allow a different mix of skills and services to be used at a different cost for the client?

As great as it can be to celebrate success, Neha Chugh has an important message about the importance of learning from failure. Lawyers don’t often talk about our failures. But sharing our stories of failure will authenticate lawyers, remind us of our humanity, and allow for learning and growth.

N. v. F. raises issues of how a non-Hague signatory country would determine parenting rights and whether an involuntary separation from a parent creates a serious risk of harm to a child. In the latest round of litigation, the Court of Appeal for Ontario granted the mother a stay pending her appeal to the Supreme Court of Canada.

With Binding Judicial Dispute Resolution we now have a “streamlined way to reach a final resolution of less complex family law cases” using “less formal processes” in which a judge may “ask questions and request additional information” and hear anything that they consider important and relevant … regardless of the formal rules of evidence. This is a big deal.

Dr. Raymond M. Morris explains assessments of psychological functioning. Family law counsel should understand the purpose, main components, and limits of an assessment of psychological functioning, particularly when preparing to examine or cross-examine the assessor.