Lawyer’s Toolkit

GOOGLE CHAT GROUP

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Bill Sullivan’s Essential Service Resource Book

If you are looking for a community resource to help your client address and issue, look no further. The excerpts below are from Bill Sullivan’s “essential Resource Book” handed out at the January 2012 Open Bar Series Program.

Justice Sherr’s Annotations on
Various Family Law Issues

The following annotations on various family law issues have been provided courtesy of the Honourable Mr. Justice Stanley Sherr. They are intended to provide guidance only. Counsel should make every effort to note up the case law cited herein and keep him/herself informed on continuing developments in family law.

NOTICE OF RELOCATION

Access for Parents and Children in Ontario (APCO)
Thanks to your support and the significant growth of our program, Access for Parents and Children in Ontario, is pleased to announce the relocation of our head office to 100 Sheppard Avenue East, Suite 504 in North York M2N 6N5.

Please see attached notice (APCO Office Relocation – PDF)

Tips for Starting Cases at 47 Sheppard

The judges at 47 Sheppard Avenue have developed a chart on the proper process to commence specific proceedings. The court staff will be using this chart.

Please see attached.

311 Jarvis Open Bar Series – Outline of Programs 2003 – 2011

The 311 Jarvis Open Bar Series is comprised of a series of monthly continuing legal education sessions run on the first Monday of every month from 4:45 p.m. to 6:30 p.m. To see a complete listing of each session run between 2003 and 2011 (includes date, description of each topic, the presenters/panel, and a brief summary), please click here.

Each program is available as video or audio download to your computer, as well as on DVD, with materials in electronic form. If you’d like to view the program and obtain the materials you do so by order from the LAOLAW website: Learning Opportunities at https://www.research.legalaid.on.ca/login.html. You will need your solicitor number to log on to the LAO LAW website.

Download the 311 Jarvis Open Bar Series – Outline of Programs

STANDARD DISCLOSURE TERMS – SUPPORT CASEs

In a family law case where support is an issue and a party is required to file a financial statement, on written request for financial disclosure from the party, the party must produce all of the following disclosure that is applicable to the party. These disclosure terms will be incorporated in a consent or an agreement between the parties, or may be requested in an order obtained on a motion in writing (rule 14 (10), using Form 14B), with the disclosure to be provided within 30 days or such other timeframe as is specified in the consent, agreement or order. These disclosure terms do not affect any right to ask for greater disclosure than provided in these disclosure terms or to ask for further disclosure after receiving the disclosure provided in these terms. Similarly, these disclosure terms do not affect any right of a party to ask that disclosure be less than provided in these terms. Read the Standard Disclosure Terms – Support Cases

What Are they Thinking Up There?

True Confessions from the Bench

Maureen Killoran, Osler LLP

Effective trial counsel must establish and maintain a good connection with the Bench. A strong professional reputation is key; our goal is to be recognized as capable, trustworthy and conscientious counsel. As they say, reputation is everything. But, on what is our reputation based? What do Judges consider when evaluating trial counsel? We contacted a number of Justices and asked them to identify best and worst practices among counsel. Here are the highlights: Continue Reading this Article

List of Frequently relied on cases

Visit this link or read on to see the list of relied on cases which are supplied to judges hearing family law cases in the Superior Court of Justice in the Central West, Central South, North West, South West, and Toronto Regions: www.ontariocourts.on.ca/scj/en/notices/pd/family/listcases.htm<

List of Cases

*current as of April 30, 2010. This list contains certain frequently relied on cases which are supplied to judges hearing family law cases in the Superior Court of Justice in the Central West, Central South, North West, South West, and Toronto Regions, as directed by the 2010 Practice Direction on often cited family law cases. There may be additions to, and deletions from this list from time to time. The list will be updated bi-annually every January and June of each year. The cases in question appear on this list under various headings or topics which are not in any way intended to provide legal advice. Parties in family law proceedings in the Superior Court of Justice in the Central West, Central South, North West, South West, and Toronto Regions need no longer include authorities on this list in any book of authorities relied on. However, extracts from those authorities which counsel intend to refer to the court shall be included in the factum or book of authorities.

PARENTING

  1. Gordon v. Goertz, 1996 CanLII 191 (S.C.C.)(mobility, best interests of the child, variation of custody and access orders, material change in circumstances)
  2. Young v. Young, 1993 CanLII 34 (S.C.C.)(religion, rights of an access parent, best interests of the child)
  3. Kaplanis v. Kaplanis, 2005 CanLII 1625 (Ont. C.A.)(joint custody, best interests of the child)
  4. Ladisa v. Ladisa, 2005 CanLII 1627 (Ont C.A.)
  5. Linton v. Clarke, 1994 CanLII 7380 (Ont. Div. Ct.) (assessments)

CHILD SUPPORT

  1. S. (D.B.) v. G. (S.R.), 2006 SCC 37 (S.C.C.) (retroactive child support)
  2. Lewi v. Lewi, 2006 CanLII 15446 (Ont. C.A.) (child support for adult children)
  3. Park v. Thompson, 2005 CanLII 14132 (Ont. C.A.) (adult children)
  4. Francis v. Baker, 1999 CanLII 659 (S.C.C.) (section 4 of the Guidelines)
  5. R. v. R., 2002 CanLII 41875 (Ont. C.A.) (section 4 of the Guidelines)
  6. Contino v. Leonelli-Contino, 2005 SCC 63 (S.C.C.)(child support where both parents have the children more than 40% of the time)
  7. Chartier v. Chartier, 1999 CanLII 707 (S.C.C.) (child support payable by a step-parent)
  8. Ewing v. Ewing, 2009 ABCA 227 (Alta. C.A.), application for leave to appeal to the Supreme Court of Canada pending (section 4 of the Guidelines)
  9. Tauber v. Tauber, 2000 CanLII 5747 (Ont. C.A.) (section 4 of the Guidelines)
  10. Tauber v. Tauber, 2001 CanLII 28234 (Ont. S.C.J.)(section 4 of the Guidelines and spousal support)

SPOUSAL SUPPORT

  1. Miglin v. Miglin, 2003 SCC 24 (S.C.C.) (spousal support in the face a spousal support release)
  2. Fisher v. Fisher, 2008 ONCA 11 (Ont. C.A.) (the Spousal Support Advisory Guidelines)
  3. Bracklow v. Bracklow, 1999 CanLII 715 (S.C.C.) (entitlement to spousal support)
  4. Boston v. Boston, 2001 SCC 43 (S.C.C.) (pensions and “double dipping”)
  5. Willick v. Willick, 1994 CanLII 28 (S.C.C.) (variation of support orders, material change in circumstances)
  6. Moge v. Moge, 1992 CanLII 25 (S.C.C.) (entitlement to spousal support, objectives of spousal support, self-sufficiency)

PROPERTY

  1. Stone v. Stone, 2001 CanLII 24110 (Ont. C.A.) (equalization of net family property, unequal division of net family property)
  2. Rawluk v. Rawluk, 1990 CanLII 152 (S.C.C.)(equalization of net family property, resulting trusts, constructive trusts)
  3. Peter v. Beblow, 1993 CanLII 126 (S.C.C.) (constructive trusts)
  4. Best v. Best, 1999 CanLII 700 (S.C.C.) (valuation of pensions)
  5. Serra v. Serra, 2009 ONCA 105 (Ont. C.A.) (unequal division of net family property)
  6. Levan v. Levan, 2008 ONCA 388 (Ont. C.A.) (setting aside domestic contracts, unequal division of net family property)
  7. von Czieslik v. Ayuso, 2007 ONCA 305 (Ont. C.A.)(unequal division of net family property)

marriage contracts

  1. Hartshorne v. Hartshorne, 2004 SCC 22 (S.C.C.)
  2. 30. Levan v. Levan, 2008 ONCA 388 (Ont. C.A.)

Separation Agreements and Disclosure Obligations

  1. Rick v. Brandsema, 2009 SCC 10 (S.C.C.)
  2. Marinangeli v. Marinangeli, 2003 CanLII 27673 (Ont. C.A.)

SUMMARY JUDGMENT

  1. Aguonie v. Galion Solid Waste Management Inc., 1998 CanLII 954 (Ont. C.A.)
  2. Dawson v. Rexcraft Storage, 1998 CanLII 4831 (Ont. C.A.)

Interim Costs and Disbursements

  1. British Columbia (Minister of Forests) v. Okanagan Indian Band,2003 SCC 71 (S.C.C.)
  2. Biddle v. Biddle, 2005 CanLII 7660 (Ont. S.C.J.)

Partition and Sale

  1. Latcham v. Latcham, 2002 CanLII 44960 (Ont. C.A.)
  2. Silva v. Silva (1990), 1 O.R. (3d) 436 (Ont. C.A.)
  3. Martin v. Martin (1992), 8 O.R. (3d) 41 (Ont. C.A.)
  4. Batler v. Batler (1988), 67 O.R. (2d) 355 (Ont. H.C.)

Occupation Rent

  1. Griffiths v. Zambosco, 2001 CanLII 24097 (Ont. C.A.)
  2. Higgins v. Higgins , 2001 CanLII 28223 (Ont. S.C.J.)

The Trust Doctrines

  1. Rathwell v. Rathwell, [1978] 2 S.C.R. 436 (S.C.C.)
  2. Rawluk v. Rawluk, 1990 CanLII 152 (S.C.C.)
  3. Sorochan v. Sorochan, 1986 CanLII 23 (S.C.C.)
  4. Pettkus v. Becker, 1980 CanLII 22 (S.C.C.)
  5. Peter v. Beblow, 1993 CanLII 126 (S.C.C)
  6. Wylie v. Leclair, 2003 CanLII 49737 (Ont. C.A.)
  7. Bell v. Bailey, 2001 CanLII 11608 (Ont. C.A.)
  8. Campbell v. Campbell, 1999 CanLII 2294 (Ont. C.A.)
  9. Vanasse v. Seguin, 2008 CanLII 35922 (Ont. S.C.J.), rev’d in part 2009 ONCA 595 (Ont. C.A.), application for leave to appeal to the Supreme Court of Canada allowed

Preservation Orders

  1. Lasch v. Lasch, (1988), 13 R.F.L. (3d) 434 (Ont. H.C.J.)
  2. Bronfman v. Bronfman, 2000 CanLII 22710 (Ont. S.C.J.)

Prejudgment and Postjudgment Interest

  1. Debora v. Debora, 2006 CanLII 40663 (Ont. C.A)
  2. Burgess v. Burgess, 1995 CanLII 8950 (Ont. C.A.)
  3. LeVan v. LeVan, 2008 ONCA 388 (Ont. C.A.), application for leave to appeal to the Supreme Court of Canada dismissed 2008 CanLII 54724 (S.C.C.)

Costs

  1. Serra v. Serra, 2009 ONCA 395 (Ont. C.A.)
  2. Islam v. Rahman, 2007 ONCA 622 (Ont. C.A.)
  3. M.( A.C.) v. M.(D), 2003 CanLII 18880 (Ont. C.A.)
  4. Boucher v. Public Accountants Council for Ontario, 2004 CanLII 14579 (Ont. C.A.)
  5. Fong v. Chan, 1999 CanLII 2052 (Ont. C.A.)
  6. Biant v. Sagoo, 2001 CanLII 28137 (Ont. S.C.J.)

Motions Before Case Conferences

  1. Rosen v. Rosen, 2005 CanLII 480 (Ont. S.C.)
ACCESS IN CHILD PROTECTION CASES

Charlotte Murray, Barrister & Solicitor

Thursday, March 11, 2010 This paper is intended to remind parents’ counsel of the basic issues that impact upon their clients’ continued relationship with their children while Child and Family Services Act proceedings unfold. Each case will, of course, turn on its own facts. There are, however, some common factors at play, no matter what, where or how the issues came before the court.

Click here to read the full paper (PDF)

Twenty-Five Years of Support:
Swinging Pendulum or Just Confused Revery?

Linsey Sherman & Martha McCarthy

This month, the Family Law Act (FLA) turns twenty-five years old.2 Like most twenty-five year olds, the FLA has weathered good times and bad, undergone intense personal growth, and at times struggled to refine its own ideological views. As the FLA reaches adulthood, it is an appropriate time to take a look back at where the law started in 1986 and where it is today. After all, if Justin Bieber can pen memoirs at the age of sixteen, then a review of the life of the FLA is certainly in order.

Click here to read the full paper (PDF)