Family Law
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 MoreRecent Cases Involving Self Represented Litigants
There continue to be developments in the caselaw on self represented parties. While judges have a special duty to ensure that a self represented party has every reasonable opportunity to present their case, this doesn’t mean that a judge is responsible for their case, or that measures must be taken in order to correct the…
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 More3 guardians allowed on B.C. birth certificate
The first child to have 3 parents listed on their birth certificate in Canada is in the province of British Columbia. Under the new Family Law Act which was passed in 2013, a child can have up to 4 legal guardians listed on their birth certificate. In this recent case reported in the National Post,…
Read MoreNew documentary on divorce industry
There’s a new film coming out on January 10th narrated by Dr. Drew Pinsky (of ‘Celebrity Rehab’ fame) critiquing the the dysfunctional divorce industry in the U.S. The movie, ‘Divorce Corp.’, explores the divorce industry- from what it costs to retain a lawyer, to the length of time it takes to get a divorce, and…
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