Articles

Aujourdʼhui
Aujourdʼhui

Why the Practice of Family Law Has Become So Stressful

  • 30 novembre 2023
  • Steven Benmor

Family law is becoming increasingly burdened by high stress, combative lawyers, and unfair judicial rulings. Lawyers, judges and clients are all accountable. Some clients demand an aggressive approach, lawyers justify it, and judges resist penalizing it. Good advocates are motivated by the goal of serving the public good, protecting children from trauma and helping parents solve family problems collaboratively, rather than contributing to the conflict.

Droit de la famille, Student Forum
head-shot photo of author Ilana Arje-Goldenthal

How to Deal with Difficult Parties and Counsel in Family Law Matters

  • 30 novembre 2023
  • Ilana Arje-Goldenthal

In the practice of family law, we frequently encounter “difficult” personalities. It might be our own client, opposing counsel, or a self-represented party. Often managing these individuals and the relationships we have with them is the most challenging aspect of what we do as family law lawyers. This article sets out strategies that have worked for Ilana Arje-Goldenthal in managing these relationships, and hopefully they will prove helpful to you too.

Droit de la famille, Student Forum

Enhancing Access to Justice for Seniors: A Student Perspective

  • 30 novembre 2023
  • Logan Dillon, caseworker with the Queen’s Elder Law Clinic

This article details the Queen’s Elder Law Clinic's (QELC) initiatives to improve access to justice for seniors in South Eastern Ontario. Run by Queen’s law students, the QELC provides free legal services, specializing in drafting wills and powers of attorney. Offering pro-bono estates and elder law services to local seniors facing financial constraints and diminished capacity challenges, it emphasizes a client-centric approach and provides invaluable client-facing work experience for students.

Elder Law, Student Forum
head-shot photo of author Geneviève Fauteux

The Rules of Professional Courtesy: Recent Lessons and Reminders from Caselaw on Civility

  • 28 novembre 2023
  • Geneviève Fauteux

Communicating with opposing counsel can be tricky when procedural and practical issues arise in a given matter. In her article, Geneviève Fauteux reviews recent caselaw focusing on best practices, and requirements, for how lawyers should act when faced with reasonable requests for extensions.

Student Forum, Young Lawyers' Division
head-shot photo of author James McCarthy

Legal Research Tips

  • 27 novembre 2023
  • James McCarthy

It is a universal truth that every law student and young lawyer has, at one point, sat down to tackle a research question and been left staring at a blank computer screen, wondering where best to begin. Luckily, James McCarthy has five great pointers to help get the research started.

Student Forum, Young Lawyers' Division

What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions

  • 27 novembre 2023
  • Laura Pettigrew

The article summarizes a panel discussion, What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions, from the October 20, 2023 Canadian Bar Association Child and Youth Law Section's Child and Youth Law & the Youth Criminal Justice Act (YCJA) Online Symposium.

Droit des enfants et des jeunes, Student Forum

Court of Appeal Clarifies Relationship Between Adverse Possession and Municipal Parkland

  • 20 novembre 2023
  • Carolina Campos

The Ontario Court of Appeal, in Kosicki v. Toronto (City), 2023 ONCA 450, recently considered the relationship between the common law doctrine of adverse possession and its applicability to municipal parkland. The central question at stake in the dispute was the following: Can private landowners gain title over municipal parkland through adverse possession?

Droit municipal, Student Forum
head-shot photo of author Kavita Bhagat

Cost of Caring – What Family Lawyers Need to Know

  • 20 novembre 2023
  • Kavita Bhagat

On November 3, 2023, the OBA Elder Law and Family Law Sections hosted a joint program entitled, "Trauma-Informed Lawyering - A New Standard For Client Service and Lawyer Wellness". Kavita Bhagat, one of the panellists, draws from her presentation in a three-part commentary on what family lawyers need to know about trauma-informed lawyering.

Droit de la famille, Student Forum
head-shot photo of author Alison Boyce

Penalty Clauses in Family Law Agreements

  • 20 novembre 2023
  • Alison Boyce

Penalty clauses are sometimes used in family law agreements to deter or punish breaches of contract. How enforceable are these clauses and what will a court consider when determining whether a penalty clause is valid or void? Alison Boyce examines the recent case of Assayag-Shneer v. Shneer, where the Ontario Court of Appeal upheld a penalty clause requiring financial compensation for failure to comply with the terms of a separation agreement.

Droit de la famille, Student Forum