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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 moreIncome 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 moreLitigation, 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 moreParenting 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 moreBest 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 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 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 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 moreOccupation 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 moreThe 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 moreHow 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 moreChristine 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 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 moreCost 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 morePenalty 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 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 moreWhat Happens to Embryos on Separation?
Emma Katz and Kate Deveau | April 14, 2023
Assisted reproductive technologies have been revolutionary for people and families facing infertility issues, and for single people and queer families wanting to achieve a pregnancy and have children. Read about what happens with frozen embryos with a separation.
Learn moreThe Role of Family Law Counsel
Michael J. Marra | April 11, 2023
Michael Marra has been practicing family law in Southern Ontario since 1981. He is currently practicing in Ontario on a fully remote basis from Treaty One Territory (Winnipeg). Through his extensive experience, he has noticed that the past 40 years have featured countless reforms to the family justice system but, arguably, the public is less engaged than ever. Maybe it is time to reform the role of the family law lawyer?
Learn moreDo Parenting Changes in Response to the COVID-19 Pandemic Create a New Status Quo?
Maria Golarz | February 07, 2023
Research Lawyer Maria Golarz reviews the longstanding principle that the status quo should be maintained until trial absent compelling reasons. She examines the case law considering this principle in the context of the COVID-19 pandemic. Where parents agree to changes because of concerns over the child’s safety or one of the parent’s employment conditions, does this create a new status quo to be maintained until trial?
Learn moreRebecca Winninger | February 07, 2023
Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.
Learn moreSettlement Privilege: Exceptions and Considerations in Family Law
Crystal Heidari | February 07, 2023
The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?
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