Articles 2024

Aujourdʼhui
Aujourdʼhui

New Court Fees and One-Key!

  • 22 avril 2019
  • Kelly Watson, student-at-law, Law Office of Laura E. Oliver

This document informs family law practitioners of the April 1, 2019 court fees increase for their clients' matters.

Droit de la famille, Student Forum

Regional Senior Justice Daley Address re: Facilities 2018

  • 11 février 2019
  • The Honourable Justice Daley

This is an address by Justice Daley regarding the current state of the Brampton Court facilities, including examples of existing challenges and conditions, and how these may affect the Bench and Bar, and in turn how this is impacting the public.

Droit de la famille, Student Forum

A Love Note to the Offer to Settle

  • 11 février 2019
  • Christine Marchetti, partner, family lawyer, Stanchieri Family Law

This is an article, just in time for Valentine's Day, about Offers to Settle and issues that may arise; in particular when counsel signs the Offer on behalf of a client. This is a valuable piece on proper process and form of the Offer, as well as a reminder to make an Offer and make it early if possible!

Droit de la famille, Student Forum

Mullin v. Sherlock: ONCA Provides Framework for Motions to Strike Based on Non-Disclosure and Encourages Alternative Remedies

  • 11 février 2019
  • Vanessa Lam, research lawyer, The Law Office of Vanessa Lam

This article discusses striking pleadings based on non-disclosure, focusing on the 2018 case Mullin v. Sherlock. This decision, at the time of writing, was infrequently cited on CanLii and Westlaw, which surprised the author, who found that the case provided a general framework for this type of motion, including the court’s direction that a motions judge should be specific on what is being struck, and it provides useful precedents.

Droit de la famille, Student Forum

Capacity, or no Capacity, that is the question (and the Big Bad Wolf knew it!)

  • 11 février 2019
  • Christine Vanderschoot (article), Marisa Vekios, (cases chart)

This is an article about capacity issues and how the practice of family law may be impacted, including the capacity to marry (and reconcile), the capacity to make legal decisions and instruct counsel, and how the issue of capacity may be manipulated by parties seeking to use it as a sword or shield.

Droit de la famille, Student Forum

An Ounce of Prevention Is Worth a Pound of Cure: The Six Most Common Mistakes When Drafting Financial Statements and How to Avoid Them

  • 05 décembre 2018
  • Robert Shawyer, M.A., LL.B., lawyer, collaborative practitioner, OAFM certified mediator; and Andrew Sudano, LL.B.

A family lawyer's liability can often be triggered by mishandled financial issues. This article points to six common mistakes that are made by lawyers when preparing client Financial Statements , and how to avoid them. Just as importantly, these six pointers can be used to scrutinize Financial Statements that are received from the opposing party to aid in defeating claims made against one's own client as well.

Droit de la famille, Student Forum

The World Wide Web: A cross-examiner's new toolbox

  • 04 décembre 2018
  • Steve Benmor, Benmor Family Law Group

This fascinating article focuses on the internet as a resource for lawyers when seeking evidence to use in a case. Steve Benmor outlines both how the internet and all of the information therein can be used against a litigant and he provides a cautionary tale for litigants who may wish to consider what they post on-line about themselves and others. He also provides a useful list of cases that held that social networking websites are a legitimate source of evidence for the Court.

Droit de la famille, Student Forum

‘Predator’ Spouse, take note of Hunt v. Worrod

  • 08 avril 2018
  • Dagmara Wozniak, Siskinds LLP

With respect to predatory marriages, too often in the past, the predatory spouse has prevailed because the common law offers limited recourse; that is, until Hunt v. Worrod. Released in December 2017, Hunt v. Worrod may just have changed the legal landscape of predatory marriage in Ontario.

Elder Law, Droit de la famille, Droit des fiducies et des successions