Focus On



Wednesday, November 18, 2020 @ 12:04 PM

Rare finding of fraudulent conveyance in family law proceeding Person give another money

In Iacobelli v. Iacobelli 2020 ONSC 3625, Justice John McDermot ordered the husband’s equity in the $1-million matrimonial home to be vested in his former wife’s name, to satisfy part of the equalization and spousal support lump sum payments owing to her, after finding that payments of hundreds of thousands of dollars were fraudulent conveyances of matrimonial funds to his mother.  ... [read more]

Wednesday, November 18, 2020 @ 8:41 AM

No to unlimited settlement conferences | Gary Joseph

Access to justice and the continuing need to lower the cost of family law proceedings has found an ally, Superior Court of Ontario Justice David Jarvis. In what I consider a “home run” delivered in a compact three-page decision in Ni v. Yan 2020 ONSC 5941, Justice Jarvis has determined that the practice of repeated settlement conferences in “circumstances where there are continuing complaints about inadequate or refused disclosure impacting a party’s ability to make an informed settlement decision” must end. Citing Justice Frances Kiteley’s well known warning in Greco-Wang v. Wang 2014 ONSC 5366 (made in the context of a trial scheduling conference) that “[m]embers of the public who are users of civil courts are not entitled to unlimited access to trial judges,” Justice Jarvis found such comments to be “… equally, if not more, pertinent to settlement conference events.” ... [read more]

Monday, November 16, 2020 @ 12:47 PM

In family law, what is a ‘collateral attack?’ Family law book

In Canada, all categories of litigation can have the reputation of dragging on for a long time, and the family law realm is no different. Indeed, in some divorce cases the legal proceedings have lasted longer than the actual marriage itself. ... [read more]

Thursday, November 12, 2020 @ 4:10 PM

Judges lack awareness of increased risks of domestic violence amid pandemic: study Jennifer Koshan

Canadian judges have demonstrated very little awareness over the heightened risks of domestic violence during the COVID-19 pandemic, a situation that should prompt judges to attend comprehensive legal training over what the United Nations has described as the “shadow pandemic,” according to human rights and legal aid experts. ... [read more]

Thursday, November 12, 2020 @ 1:22 PM

More on paralegals: Trading one problem for another | Gary Joseph

After years of struggling against the tide of reputational putdowns of the practice of family law, the profession and a large segment of the consuming public has come to realize that the practice of family law is one of the most complex practice areas of the law. In this context then, I consider some recent suggestions that family lawyers may become or have become unnecessary and unwanted participants in family law disputes. This draws me into, once again, one of my rants about independent paralegal practices of family law. ... [read more]

Thursday, November 12, 2020 @ 12:57 PM - Last Updated: Friday, November 13, 2020 @ 12:35 PM

Kids, classes and COVID: Case law regarding parental conflict over school attendance during pandemic COVID mask and school materials

Many separated and divorced parents have faced wrenching decisions about their children’s schooling this fall, due to the COVID-19 pandemic. ... [read more]

Thursday, November 12, 2020 @ 12:20 PM

Time to address gap in Alberta’s succession law, legal reform institute says Matthew Mazurek, Alberta Law Reform Institute

A law reform agency is calling on the Alberta government to address a gap in the law which it says has affected family maintenance and support in the province. The report for discussion from the Alberta Law Reform Institute (ALRI) looks at family maintenance and support from estates of people who stood in the place of a parent, which are individuals who are both a child’s stepparent and have “demonstrated a settled intention” to treat the child as their own. In Alberta a child can apply for support while that person is alive, but not after they are dead. ... [read more]

Thursday, November 12, 2020 @ 9:32 AM

University student wins $2,500 scholarship from Ontario family law firm

Russell Alexander Collaborative Family Lawyers announced that Trent University student Mary Hallett is the winner of its $2,500 law scholarship, which it offers annually to offset the costs of studying the field of law in Canada. This year, the grant included a technology stipend to help with remote learning during the COVID-19 pandemic. ... [read more]

Thursday, November 12, 2020 @ 8:38 AM

Impact of presidential election on U.S. and Canadian immigration: Part Two whitehouse_podium_sm

Perhaps the largest elephant in the room as it pertains to immigration and cross-border mobility between Canada and the U.S. is the COVID-19 pandemic. Since March, Canada’s executive branch has introduced a number of orders-in-council pursuant to the Quarantine Act, which have heavily restricted movement between the countries. ... [read more]

Wednesday, November 11, 2020 @ 8:24 AM

Impact of presidential election on U.S. and Canadian immigration: Part One whitehouse_podium_sm

As voting in the U.S. presidential election comes to a close, this article addresses the impact of Joe Biden’s victory on the future of American and Canadian immigration. ... [read more]