Jun 14
Posted June 14, 2018
Deciding to Separate? Some Noteworthy Points About the “Valuation Date” in Family Law
A basic concept in Ontario Family Law is that, once spouses decide to separate, their respective entitlement to the matrimonial property they have brought into the relationship and accumulated during the marriage has to be assessed. That assessment takes place on what is described in section ...
Posted June 13, 2018
Wednesday's Video Clip: Confidentiality
In this video Russell discuss how all information you provide to your lawyer is completely private and confidential. All the details of your case will be handled with the utmost confidentiality and respect for your privacy.
The privilege of confidentiality between solicitor and client is, in law, a protection which belongs to the client. Therefore, it is up to the ...
Posted June 12, 2018
The Importance of Offers to Settle
It is often asked by clients why they need to prepare an Offer to Settle, and this article will examine that question by looking at the importance of Offers to Settle in the Family Law file. As stated by Justice Blishen, “Under the Family Law Rules, O. Reg. 114-99, offers to settle are quasi obligatory. Service of at least one offer ...
Posted June 7, 2018
Father’s Threat to Tell Child “Everything” About Custody Conflict Attracts Court’s Reproach
In a recent blog I point to what is really a recurring theme in past years: The courts’ willingness to admonish litigants for an assortment of misbehaviour, including lack of cooperation, lack of full disclosure, and – very commonly – a lack of focus on what’s important in a family ...
Posted June 6, 2018
Wednesday's Video Clip: Russell Alexander, Family Lawyers
At Russell Alexander Family Lawyers, we are committed to practicing exclusively in the area of family law. As a result, our team is experienced in dealing with all aspects of family law matters, including:
Separation and divorce
Child custody and access
Child support Spousal support
The Family Responsibility Office (FRO)
Division of family ...
Posted June 5, 2018
Supreme Court Rules For When a Lawyer's Courtroom Incivility Will Amount to Professional Misconduct
In the recent case of Groia v. Law Society of Upper Canada, the Supreme Court has overturned the decision of the Law Society of Ontario's finding that Mr. Groia was guilty of professional misconduct due to his incivility during the proceedings of R v. Felderhof.
The issue was to ...
May 31
Posted May 31, 2018
If Your Spouse Moves Out, Can They Later Ask You to Pay Rent?
As was reported in a recent article in the Financial Post reported, the decision in a case called O’Brien v. O’Brien tackled the intriguing question of whether a spouse who stays behind in the matrimonial home after separation must pay “occupation rent” to the other spouse who has moved out pending their mutual divorce ...
May 30
Posted May 30, 2018
Wednesday's Video Clip: Can Parents Be Kept From Seeing Their Child If They Do Not Pay Child Support?
No. The law assumes that it is usually good for a child to have a relationship with both parents. Keeping a parent from seeing his or her child is considered punishing the child. The law will not punish a child because his or her parent fails to pay child support.
The law gives parents who do not have custody ...
May 29
Posted May 29, 2018
Court Cites Former Israeli Prime Minister Golda Meir’s Wisdom in Rejecting Father’s Expanded Access Bid
Some cases I write about here are good for illustrating what to do, if you are going to Family Court. But here’s yet another one that falls under the “What Not to Do” category. And – rather uncommonly – the court even draws from the wisdom of an international political ...
May 28
Posted May 28, 2018
Federal Government Announces Proposed Changes to the Divorce Act
On May 22, 2018, the federal government tabled the proposed Bill C-78 (titled “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act”) which would make significant changes to the Divorce Act and ...
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