Private case management in family law

In 2015, a Toronto lawyer launched a private case management service for family law cases. Why would a litigant in family law consider such a service when there is already a version of case management in the court system? When parties are involved in court proceedings in Ontario, the process will include access to either…

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Threshold for establishing the need for an urgent motion

A recent Ottawa case is a reminder that the threshold for establishing the need for an urgent motion prior to a case conference is a very high one. Absent urgency or an emergency, parties are expected to attend a case conference prior to bringing a motion. What qualifies as urgency is based on a two…

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Best practices for dealing with joint debts

Most couples who are separating have various debts in joint names- the mortgage, a secured or unsecured line of credit, and credit cards. Ideally, once you’ve separated, you want to separate your finances as soon as possible. Especially joint debts, because you can’t control if and when your spouse will decide to draw down the…

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British company to lend money to fund Canadian divorce litigation

If you stand to acquire substantial assets in your divorce, but you don’t have the money to pay a lawyer, Novitas, which is a U.K. firm specializing in lending money to fund divorce litigation, may be able to assist you. In the fall of 2016, the firm plans to open up an office in Toronto.…

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Province to increase court fees by 36%

The fees for family court will be increasing as of July 1st, 2016. Currently, there is a $157.00 fee to start an Application (whether for Divorce, or any other matter), and then another $280 fee to put the Application on a hearing list. You can obtain fee waivers if your income falls below a certain…

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Summary judgment to overturn separation agreement

Summary judgment is available when there is no genuine issue for trial. Because it’s not a trial and evidence can be given by affidavit rather than testimony, summary judgment is a cheaper, more expeditious way to achieve resolution of an issue. However, there are questions as to when summary judgment is, in fact, appropriate as…

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Motions for substituted service

Any initiating court document, including an Application for an uncontested divorce, must be served in person on the responding party. This is called “special service”. Normally, you would hire a professional process server to serve the materials on the individual at their home or place of work. However, if you’ve been out of touch with…

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Large costs award in family case gains media attention

Following a 36 day trial, an Ontario judge awarded close to $200,000.00 in costs against a responding party in a protracted custody and access dispute where the father was awarded sole custody of his daughter. In Jackson v. Mayerle, the father had spent about $300,000.00 in legal costs, and the mother had spent $200,000.00. Because…

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Contingency fees in family law

Should family law lawyers be allowed to take on cases on a contingency basis? Many people are familiar with the refrain of personal injury lawyers: “you don’t pay unless we win your case.” In the realm of personal injury law, if you’re suing someone because of injuries you’ve sustained in a car accident, for example,…

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