ARTICLES

About Articles The below articles are published by the Family Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Katherine Batycky

Today
Today
Relocation Under the Amended Divorce Act

Relocation Under the Amended Divorce Act

  • February 14, 2022
  • Katherine L. Shadbolt

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.

Child and Youth Law, Family Law, Student Forum

Program Recap: COVID and the Family Court

  • February 14, 2022
  • Jean-Frédéric (J-F) Hübsch

This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.

Child and Youth Law, Education Law, Family Law and 1 more..., Student Forum

Moving the Needle on COVID-19 Paediatric Vaccines: An Examination of Recent Legal Trends

  • January 31, 2022
  • Matilda Lici and Ava Naraghi

As the highly-contagious Omicron variant sweeps across the province and COVID-19 immunization campaigns for children ramp up, two recent Ontario decisions—A.C. v. L.L., 2021 ONSC 6530 and Saint-Phard v. Saint-Phard, 2021 ONSC 6910—offer a glimpse of the legal trends emerging at this latest intersection of family law and health law.

Family Law, Student Forum, Young Lawyers' Division
Dispute Resolution Officers (“DROs”): Providing Early Access to the Court System During the Covid-19 Pandemic

Dispute Resolution Officers (“DROs”): Providing Early Access to the Court System During the Covid-19 Pandemic

  • January 24, 2022
  • Tilda Roll, DRO in Toronto and Central East, and Vanessa Lam, Family Law Strategic Advisor and Research Lawyer

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.

Family Law, Student Forum
How and When to Safeguard the Independence of the Expert

How and When to Safeguard the Independence of the Expert

  • November 25, 2021
  • Katherine L. Shadbolt

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.

Family Law, Student Forum
Joel Miller

It’s Time to Reconsider “Competency”

  • October 30, 2021
  • Joel Miller

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?

Family Law, Student Forum