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 [...]
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 [...]
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 [...]
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). [...]
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, [...]