Articles 2023

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.

Access early, evaluative assistance by understanding what Dispute Resolution Officers (“DROs”) can do, and how best to use them. DROs are available in a growing number of Superior Court of Justice locations across the province and can assist families by triaging and narrowing issues, and getting a consent order from a judge.

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?