Ontario Court of Appeal respects parties’ agreement to keep disputes out of court

The Ontario Court of Appeal, in Grosman v. Cookson, 2012 ONCA 551, decided that the fact that a support recipient files a separation agreement with the court for enforcement does not mean that the court can decide whether the amount of support should be changed if the parties have previously agreed to mediation/arbitration. In this [...]

By | September 7th, 2012|Uncategorized|0 Comments

Mandatory mediation or arbitration – When is it not in the best interests of the child?

What happens when parents have joint custody of a young child, and can't communicate regarding major parenting issues? Often, parties will agree to a dispute resolution process of mediation, followed by arbitration if there is no resolution through mediation. In the recent case of Wainwright v. Wainwright (2012 Ont. S.C.J.), the judge was quite concerned [...]

By | August 29th, 2012|Uncategorized|0 Comments

Facebook in Family Court

Social networking sites have clearly changed the fabric of family life.  This is being reflected more and more in family court. As we frequently tell our children, watch what you post online, it can come back to bite you.  Many recent cases contain references to facebook posts that are admitted to evidence and help or [...]

By | May 25th, 2012|Uncategorized|0 Comments

Client Satisfaction with Collaborative Law as a Process Choice

Separating couples face many decisions. One important early decision is what process to choose. Options include: Negotiation between the parties without outside assistance Mediation Collaborative Law Negotiation through lawyers Third party decision-making (arbitration or court) Even if a tentative agreement is reached in the first two processes, it is extremely important that each party receive [...]

By | May 17th, 2012|Uncategorized|0 Comments

The Cost of Being Self-Represented

The number of self-represented litigants in family cases in Ontario is growing.  Many people who are not represented by lawyers cite the high costs of having lawyers.  However, there are costs to not having lawyers as well. This week, the Court of Appeal for Ontario released its decision in Wodzynski v. Wodzynski (2012 ONCA 272).  [...]

By | May 1st, 2012|Uncategorized|0 Comments

A Claim for Privacy – Intrusion Upon Seclusion

There’s a new tort in town.  The Ontario Court of Appeal has now recognized the tort of “intrusion upon seclusion” in the decision of Jones v. Tsige, 2012 ONCA 32. The court adopted the description set out in the Restatement (Second) of Torts (2010) by Professor William Prosser: One who intentionally intrudes, physically or otherwise, [...]

By | March 26th, 2012|Uncategorized|0 Comments