Articles 2023

While we know that COVID-19 has had an impact on family law cases, Vanessa Lam’s two part series gives an in-depth analysis of how support obligations may have been affected by the pandemic. Part 1 offers a refresher on some of the principles underlying support, including the test a litigant must meet if s/he seeks to change a support obligation.

The Ontario Court of Appeal in Van Delst v Hronowsky, 2020 ONCA 329 held the Pension Benefits Act, RSO 1990, c P.8 is the default regime for valuing non-Ontario Pensions for family law purposes in Ontario.

This is a helpful summary of what Superior Courts are accepting in terms of documents, with procedures and timelines for each court updated.

This is a tort that is sure to have further application in the family law realm. Andrea clearly outlines how it has been used so far, and why it is relevant to family law lawyers who may be advising their clients on what on-line behaviours are acceptable or punishable in terms of damages awarded.

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.