No results found
Imputing Income Part III: Failure to Provide Income Disclosure
Danielle Sawh, SorbaraLAW | June 24, 2025
Whether the obligation comes from the legislation or a Court Order, a support payor is obligated to produce financial disclosure. This was succinctly reiterated in Neves v Pinto: Not only was Ms. Pinto statutorily obligated to produce complete financial disclosure, there were court orders that specifically required her to do so. Parties are not free to disregard court orders. Court orders are to be obeyed. Non-compliance with court orders must have consequences (Neves v Pinto 2020 ONSC 3098).
Learn moreNavigating Grandparent Contact
Danielle Sawh, SorbaraLAW | June 24, 2025
In Ontario, although grandparents do not have an automatic legal right to have contact with their grandchildren, they do have the right to make an application for contact. As Danielle Sawh outlines, the factors that a Court will consider in determining whether, and to what extent, to grant an order for contact between grandparents and grandchildren arise from both the legislation and the case law.
Learn moreForeign Expertise, Local Impact: The Quiet Necessity of Foreign Legal Consultants
Where legal practice intersects with immigration, international families, and global financial matters, foreign law is not a complication; it is the context. Canadian courts have always operated with the understanding that foreign law, when relevant, must be treated as a question of fact. But as our legal and social realities evolve, so too does the need for clarity, structure, and cultural literacy when presenting those facts. This is where Certified Foreign Legal Consultants (FLCs) become indispensable.
Learn moreReminder about Family Law Rules Updates
Kathleen Broschuk, Jamal Family Law | April 22, 2025
Updates to the Family Law Rules concerning costs came into effect on January 22, 2025. The changes emphasize the summary nature of costs and the Court’s discretion in awarding them, and standardize the formatting of cost submissions. However, and maybe most importantly, all the numbers have changed in Rule 24 so counsel will need to reacquaint themselves when drafting submissions.
Learn moreDividing the Enterprise: Business Law Solutions for the Family Business Separation
Colleen Coleman Wright | April 14, 2025
This guide seeks to provide an overview of the legal considerations involved in dividing a family business during a spousal separation. It attempts to demonstrate the importance and overlap of both business and family law aspects. This guide is written exclusively however, from a business lawyer perspective.
Learn moreCase Law Update: JFR v KLL 2024 ONCA 520
Johann Annisette | February 04, 2025
Last fall, I presented at the OBA Health Law Section – Case Law Update, a quarterly session aimed at summarizing recent important cases in the health law area. I presented the 2024 Ontario Court of Appeal decision, JFR v KLL, 2024 ONCA 520. While this is a family law case on its face, it has a huge bearing on health and disability law, as it fundamentally concerns the rights and autonomy of adult people living with disabilities.
Learn more
How to Detect and Establish Fraudulent Conveyances in Family Law
Katherine Shadbolt | December 12, 2024
When it comes to suspected fraudulent conveyances, lawyers are often forced to become detectives, digging deep into where assets and funds may have been transferred and demonstrating a pattern of a payor spouse moving funds or selling assets, without a reasonable explanation, right around the time monies are coming due to the other spouse. Katherine Shadbolt shares the investigation techniques that should help you make your case.
Learn more
Income Calculation Considerations in a Marital Breakdown
Nick Rotundo, CPA, CA, CBV | September 11, 2024
One of the most vexing issues in family law is determining what is a person's income for the purposes of paying support. This article provides an overview of some of the most common concepts related to calculating income for support purposes.
Learn more
Litigation, Law Clerks & Cirque Du Soleil: Lessons Learned
Steven Benmor, principal lawyer at Benmor Family Law Group | July 29, 2024
Steve Benmor reminds legal professionals to give a standing ovation to the unsung heroes of the office as he reflects on how a Cirque du Soleil performance inspired the recognition of his clerk and her crucial contributions to his client's case.
Learn more
Parenting Assessments: Unveiling Truths, Overcoming Hurdles
Crystal Heidari, Burke and Co. Family Law Litigation and Advocacy Group | July 04, 2024
Section 30 Children’s Law Reform Act assessments are used to evaluate the needs of a child and the ability of parents to meet those needs, aiming to serve the child's best interests. These assessments, performed by qualified professionals, provide objective insights into family dynamics and parental capabilities. However, their high cost and the shortage of assessors create significant barriers to justice, making it difficult for many families to access these crucial evaluations.
Learn moreHigh Conflict Divorce: Tips from the Trenches
Steven Benmor, principal lawyer at Benmor Family Law Group | May 27, 2024
In the field of family law, clients' emotions run high and that is often a driving force in their selection of legal counsel. Steve Benmor provides some tips that he has successfully employed in his practice to navigate hostile divorce litigation.
Learn moreAccess to Justice for Incarcerated Parents: Bridging the Gap
Emily O'Keefe, McLeod Green Dewar LLP & Associates | April 09, 2024
An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.
Learn more
Best Practices: How to Prepare for Court and What to Expect
Shelly Kalra, Kalra Family Law | April 09, 2024
Standing in front of a judge and not knowing what to do is daunting. Trust me – we have all been there. This article will provide best practices on how to effectively prepare for court and what to expect when you get there. With a little bit of time, patience, and preparation, you can ensure that your court appearances are helpful and leave your client raving about how great a lawyer you are. Are you ready for this journey? Let’s go.
Learn moreThe Snooping Spouse Problem: Insights from Moran v. Moran
Katherine Allen, articling student at Burrison Hudani Doris LLP | April 09, 2024
What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.
Learn moreThe Intersection of Family Law and Real Estate Law
Yvonna Conte, YBC Law | April 09, 2024
The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.
Learn moreNon-Family Law Statutes that Family Lawyers Need to Know: The Partition Act
Maryellen Symons, Symons Law | February 15, 2024
Besides the numerous statutes, regulations, and rules dealing specifically with family law, family lawyers need to be acquainted with some legislation of general application that we may not think of in connection with a family law case. This article is a brief introduction to the Partition Act, RSO 1990, c P.4.
Learn more
Occupation Rent is Not an Exceptional Remedy in Ontario
Kathleen Broschuk, Jamal Family Law | February 15, 2024
In Chhom v Green, the Court of Appeal recently affirmed that occupation rent is not an exceptional remedy in Ontario. Litigants should consider the impact of delay on a growing occupation rent claim along with amounts being paid by each party to maintain the property.
Learn more
The Dilemma of Practice Directions – good intentions, but?
Karen Jia and Alexandra Carr, Lenkinski, Hooper & Carr LLP | February 15, 2024
The evolution and implementation of practice directions in Ontario have been marked by good intentions. However, despite their evident merits, the implementation of practice directions encounters substantial resistance and confusion in practice, perhaps due to issues of decentralization, lack of uniformity, and potential conflicts with rules of procedure. Is there a solution?
Learn moreWhy the Practice of Family Law Has Become So Stressful
Steven Benmor | November 30, 2023
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.
Learn more
How to Deal with Difficult Parties and Counsel in Family Law Matters
Ilana Arje-Goldenthal | November 30, 2023
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.
Learn more
Christine Marchetti | November 30, 2023
The COVID-19 pandemic left many family lawyers burned out between increasing demands on their personal and professional time along with growing incivility. Despite this, there were also moments of connection and goodness. How do we move forward? Christine Marchetti offers her reflections on maintaining resilience and how we can reestablish equilibrium.
Learn more
Cost of Caring – What Family Lawyers Need to Know
Kavita Bhagat | November 20, 2023
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.
Learn more
Penalty Clauses in Family Law Agreements
Alison Boyce | November 20, 2023
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.
Learn more
Insights from the Trauma-Informed Lawyering Panel
Jakob Wenzel | November 13, 2023
Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.
Learn moreThe need for full and frank financial disclosure is well known among the family law bar and has been the subject of numerous Court of Appeal decisions. But, the proper route to getting that disclosure as efficiently and effectively as possible can be something of a quagmire. In this paper, we review the fundamental mechanics of the Family Law Rules regarding disclosure.
Learn moreA Deep Dive into Shared Parenting: Families and Finances
Amy Ariganello, law student, Justice for Children and Youth | June 21, 2023
Navigating a shared parenting arrangement requires careful consideration of what we understand “shared parenting” to mean in various contexts. In the OBA event hosted on June 2, 2023, esteemed panellists discussed the latest developments regarding shared parenting and provided practical insights about all aspects of navigating shared parenting arrangements.
Learn moreClare's Law - The Need for Domestic Violence Law Reform
Clare’s Law is a domestic violence disclosure scheme first introduced in the UK that allows police to disclose previous abusive or violent offending(s) of a current/ex-partner to a victim/potential victim of domestic abuse. This article explores Clare’s Law and its potential implementation in Ontario to address cases of intimate partner violence.
Learn more
