OBA.org - Articles

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

May 12, 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

A Major Concern with the Shared Custody Formula

May 12, 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.

From Private to Public - The Use of Audio Recordings (Without Consent) in Family Law Litigation

May 07, 2014
Andrew Sudano

In light of the recent Donald Sterling controversy engulfing the National Basketball Association, it is important to examine the difficulty Ontario family courts face when considering the admission of audio recordings into evidence, including when a recording is made without the knowledge and consent of the other party.

The Diner Brief

April 10, 2014
Ian Vallance

Eating Out in Ottawa with Ian Vallance.

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?

April 10, 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.

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

April 10, 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.

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

April 10, 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?”

Message from the Chair

April 10, 2014
Steven Benmor

Despite this brutal winter, here at the OBA we were not hibernating. We were busy planning, organizing and deploying many new initiatives and programs.

Finding the Energy to Keep Going: Don’t Just Make Money – Make a Difference

April 10, 2014
Judith L. Huddart

As a volunteer, you have the opportunity to learn and demonstrate leadership potential, to make connections with members of the public and colleagues in different areas of practice who can provide referrals, and you have the opportunity to distinguish yourself from others in your area of practice.

Did You Know?

April 10, 2014
Victoria Starr

Here is some of what’s going on in or related to family law.

Tracking Preferences

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