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Binding Judicial Dispute Resolution
Ottawa is one of the sites for a pilot project involving Binding Judicial Dispute Resolution. This alternative dispute resolution process provides an opportunity for parties in litigation to consent to their matter being decided by a judge, but on a summary basis, at a hearing scheduled for 3 hours or less. JDR is an effort…
Read MoreAutomatic Orders for Financial Disclosure in Family Court
As of February 1, 2022, the Ottawa family court began issuing automatic orders as soon as an Application is issued in claims involving property or support. This Order requires the party responding to the Application to serve a list of stipulated financial disclosure within 30 days. The Order is made under the new s. 8.0.1…
Read MoreFamily Court Resumes In-Person Hearings
In Ottawa, most family court hearings are returning to ‘in-person’ hearings as of August, 2022, except for certain types of procedural appearances. Unless permission has been obtained from the court, case conferences, settlement conferences, Motions and trials, are now going to be conducted in-person at the courthouse. Trial scheduling conferences will continue to be conducted…
Read MoreWhen Should You Consider A Separation Agreement?
A separation agreement is an agreement between two individuals that were previously married or cohabiting, who then undergo a separation (live apart). It helps them to manage and divide their joint assets. It covers the division of everything involving children, such as child care, custody and access, as well as property and shared finances. …
Read MoreWhat is the Difference Between Divorce and Legal Separation?
It can be devastating when a marriage ends. This can occur for a variety of reasons but regardless of the case, it is important for partners to understand the next step that they should take. There are two main options to explore here: divorce and legal separation. While the two terms may sound similar, they…
Read MoreChallenges of Selling the Matrimonial Home
When a couple separates, one of the first matters to attend to is listing the matrimonial home for sale. If neither party wants to stay in the home (or neither can afford to retain it), then it may be the case that both individuals are equally motivated to sell. While they will likely not agree…
Read MoreFamily Litigation During Covid-19
As most are aware, the family courts have been closed since the start of the pandemic in March, except for the most urgent cases, and some straightforward procedural issues. What falls within the ambit of what is considered urgent includes matters involving the “wellbeing being of a child, including essential medical decisions, or issues relating…
Read MoreUsing life insurance to secure support
It’s not uncommon for payors of support- whether it’s child support or spousal support– to have their support obligations secured by a life insurance policy. If the payor dies prematurely, the life insurance policy is available to satisfy the remaining balance of their support payments. A court can order that support be secured by way…
Read MoreThe price of delay- tackle your family law problem right away
One of the principles behind our legal system is that once you’re served with documents, if you don’t do anything to defend yourself, then, at some point, you can be noted in default and the case will proceed along without you. Once an order is made against you, you’ll get served with a copy of…
Read MoreJoint Family Venture for Common Law Spouses
The law of joint family venture and unjust enrichment allow an individual in a common law relationship to make an equitable claim against the assets of their partner. The right of married spouses to an equalization of net family property is a statutory right enshrined in the Family Law Act. Married individuals have an automatic…
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