corollaryrelief
@corollaryrelief
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Curated Ontario #famlaw court decisions, by family law lawyer Shmuel Stern, founder @disclosureCLIN . Weekday posts 6am, Appeals Friday 4pm.
ON/OH
Joined July 2016
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Thanks to all helping get this project launched (see the faq).
Organizing and maintaining court notice information is not easy, not particularly fun, and not our responsibility. We're just modeling the possible.
#bethechange
#A2J
#lawtwitter
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A personal/professional update:
I passed the Feb '21 Ohio Bar Exam, called this AM to the Ohio State Bar. Both ON and OH famlaw ("DR") can learn from each other, and I hope to be that bridge.
Thank you to the supportive faculty at
@CMLAWSchool
through my LLM & Bar process.
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ONCA on COVID vaccination: (1) Don't believe everything on the internet, even if agreement on admissibility; (2) You can rely on regulatory drug approval, shifting onus to rebut; (3) Discussion on assessing VoC reliability ~32: J.N. v. C.G., 2023 ONCA 77
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Only in famlaw: Should a court order parenting time for a 12-year-old, with unresolved anger against his mother, to visit her on her deathbed? See ~53. (And why does "financial disclosure" insert itself everywhere?): Daniels v. Stemberga, 2022 ONSC 6263
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If you still have clients with a COVID parenting problem, there’s *likely* a case directly on point. Here’s a spreadsheet I threw together of all the different claims made over the past months, sorted by topic, now on the Matrimonial Home Page:
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I don't know about you, but I am so thankful that Professor Thompson exists.
My head hurts.
#16FamilyLawSummit
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If you're in an Ontario family court proceeding, use the Court Calculator to know service & filing deadlines + a list of materials. The calculator is mindful of quirks in the Rules & court holidays.
A side project, because filing on Friday for a week Monday still bothers me.
Now you can calculate when to serve and file your family court documents! The Disclosure Clinic calculator lists the materials you need to complete or update for your attendance, and the relevant dates for service, filing and confirming.
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Of the times I avoid Twitter, LSO Bencher Elections is on the Top 5.
In OH, lawyers pay $350 every two years for their LSO (...read that again). From a lawyer's perspective, the services are similar (but obviously not same).
If you can square that circle, you get my vote.
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ONCA: Family, friends and business partners be warned: if you’re complicit in hiding a party’s income or assets to defeat their spouse’s family law claims, you can be sued (& collected against) on the tort of conspiracy: Leitch v. Novac, 2020 ONCA 257~46
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There's an update to the SCJ Fam Court Notice regarding the Rules changes & auto order. But I am shaking a bit because Disclosure Clinic was linked within it. I guess that's equivalent to being cited in a decision.
Guess what... there's more coming...
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"It is the Court’s expectation that parties will communicate with each other in advance of completion of the confirmation form..."
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I am having a hard time tweeting about work while Israeli civilians - including children - remain hostages of Hamas and threatened with death at this very moment, a cowardly attempt to protect themselves against retaliation for their pogrom.
#unconditionalrelease
#childabduction
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Overwhelmed by all the recent changes at court? Me too!
I’ve updated the Matrimonial Home Page to include a “Going To Court” section with all of the OCJ/SCJ online filing, (Family) Notices and (general) Practice directions in one spot.
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I’m taking the next two days off. Come back Monday AM for my newest project. It’s a doozy.
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Which nest is best???
@corollaryrelief
was created because of Twitter, not in spite of it: No long blogs, no cool pics, no funny dances. Just figuring out famlaw, one tweet at a time.
So what's next? Sign up here and I'll let you know, 'if and when':
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I created the COVID FAM FAQ with specific answers to family law parenting questions, collated from case law to date. Special thanks to
@FMediationGroup
for the sample clauses and
@smisheal
,
@KBatycky
for cases. To be updated. DM if I missed something:
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I am accumulating some juicy decisions, but they'll have to wait.
There are ~126 confirmed captives of Hamas.
I'm not bothering worrying about others not caring. I care.
In their honour, this week I'm retweeting past quality
#childabduction
caselaw.
You're not forgotten.
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For anyone dealing with family violence / abuse (physical, against property, psychological, emotional on children, financial) needing a template on evidencing it in an organized manner, including law: McIntosh v Baker, 2022 ONSC 4235
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So over the two weeks I step away, ONCA puts out 9 (!) famlaw decisions.
Thus this week is "appeals week" to clear the backlog, two per day.
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Not family law, but citing it: If you want to see a very complete unjust enrichment analysis - from start to finish - this is it. Comes with its own chart~14!: Nanaksar Thath Ishar Darbar v. Sidhu, 2022 ONSC 6681
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I’m collating Ontario Covid-19 FamLaw to provide *parents* an info sheet of how the law is reacting to the situation (as of now, related to parenting). If you’d like to help summarize, DM me. The cases (not all on CanLII) are on the CR Mat Home Page:
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I have this idea called Cloudtario, hear me out.
It's a new SCJ Region, entirely remote, but tied to a physical region/courthouse e.g. Cloudtario (Central West/Milton). 1/3
Wow!! - Motion by lawyers whose bills are the subject of an Assessment asserts that it is impossible to have the matter heard in Toronto before sometime in 2024
#lawtwitter
#familylaw
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I am taking the next two weeks off, to celebrate freedom from bondages past, and, we pray, current.
#unconditionalrelease
#letourpeoplego
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On account of the Holidays and other (thankfully, positive) life events, I am taking a Twitter break to the end of the month. Back Oct. 4.
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I’ve decided to continue tweeting caselaw, as inconsequential as it is now. As with divorce itself, we hope (and pray) that though this situation may be life changing, it not be life defining.
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Thank you Justice O'Connell @ 311 Jarvis
@FLAOntario
@HilaryLinton
@nehachughlaw
@GilZvulony
for the pointed discussion on recognizing and dealing with risks of violence, harassment, intimidation (and bad online reviews!) of famlaw professionals.
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PSA: Free webinar from our esteemed Judges next Thursday April 7, 2022 on common missteps and oversteps you should avoid when advocating your client's case at Court.
Open for lawyers and law students. DM me for registration link.
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I just started a Twitter List for Ontario Family Law, just to see how it works and if worthwhile. I’m going for expansiveness & then in a few weeks may cull to keep it to its specific topic. Just DM if you want to be added as a feed.
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Politics aside, separation and divorce are among the great equalizers of life: can happen to anyone regardless of wealth and success, sometimes as a result of it.
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Starting a support group of those who were Best Lawyersᵀᴹ but no longer. (I think they caught on I wasn't paying).
@JoshNisker
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You trust me on what's worth your time, right? Then just spend .2 for yourself and read this decision. Once you start you won't stop (nor should you, important note at the end). Can't imagine the costs decision: Sonia v. Ratan, 2022 ONSC 3690
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Stacie Glazman updated 'Imputing Income and the Self-Employed' for 311 Jarvis Open Bar, a paper that both shows and tells. I wonder when we'll collectively clue-in that famlaw hasn't created a "place" to put the info we clamour for,
@DisclosureClin
:
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Famlaw friends: if you've created your own cheatsheet for court notices, *please* send them my way: corollaryrelief
@gmail
.com
A group of us are launching a project a week Monday and we're dotting i's. Super excited.
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I believe lawyers should have annual CPDs on the law of evidence, and also on who has the onus to prove what, esp. in financial claims, as here: resulting trust, missing jewellery, date of marriage deductions, occupation rent: Skrak v Skrak, 2024 ONSC 1574
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When Twitter gurus say 'to grow a following, pick a niche and tweet consistently', they never met famlaw. To be a family lawyer is to appreciate living in a small pond.
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As I hinted to last week, the new CLRA/DA family dispute resolution sections can effectively stay proceedings. Here, non-urgent private vs public choice of school dispute (where $ not the issue) directed to mediation: Leinwand v. Brown, 2021 ONSC 6866
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As we sip our coffee, internally debating when to stop scrolling and start the rest of our day, take a moment for a small prayer or act of kindness, in merit of the release of the 200+ captives who (still) don't have that option.
#childabduction
#unilateralrelease
Important ONCA on CRLA s. 23 jurisdiction where pending refugee claim - what's first? s.23. Here's the shorthand:
s.23 no harm --stay--> asylum not granted ->s.40(3) return
s.23 no harm --stay--> asylum granted ->s.23 *again*
MAA v. DEME, 2020 ONCA 486
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If you can stomach a little trust law, this is the definitive case on RESPs: A court can't order an RESP split bt parents (w/o consent) but can order one parent to solely manage & disburse. And on limits of motion relief: Labatte v Labatte, 2022 ONSC 4787
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Here's Pawagi J's decision that CAS can't merely rely on Covid blanket policies to suspend access. Need to specific evidence of behaviour that is inconsistent with COVID-19 protocols.: CAS Toronto v. T.F. 2020 ONCJ 169
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Yes, the Government of Canada Job Bank website falls within the public records hearsay exception and is presumptively admissible (for imputing income): Lewis v. Willis, 2022 ONCJ 421
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Good case to rely on where parent makes unilateral move with child, here from Mississauga to Toronto, resulting in a change from shared parenting to primary residence of the 'left-behind' parent: Doan v. Tran, 2022 ONCJ 419
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Did you know the FLR are amended starting Sept 1/20? Form 15A is deleted and replaced with a more efficient and helpful Form 15 (new responding 15B too). New Form 15 has specific section to explain (material) change in circumstances, DBS considerations for support & checklist. 💕
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Pazaratz J: "Gov't says it's good" is NOT the law on child Covid vaccination, BiC is, with cogent evidence. On name calling, children's wishes, internet article admissibility & not using judicial notice to "fill in the blanks": JN v. CG, 2022 ONSC 1198
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Going offline for Passover, back in a week and a bit (okay, one appeal case, later today).
I have some projects coming to fruition that I hope to share very soon.
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2021: The year we put "court" back into "courtesy":
Jarvis J on keeping to court-ordered page limits: Schieder v Gajewczyk, 2021 ONSC 640
Himel J on a whole host of things ~11. What would you add?: 2021 ONSC 635
HT
@mjmarra6
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Looking for a nice summary on retroactive child support per DBS as changed by Michel v Graydon? See here, ~86 on:
R.J. v. T.J., 2021 ONCJ 137
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Thank you
@maur_jo
for the (yet again) terrific Summit and all you have done for our profession. In lieu of a gift, here's a very recent Kurz J. arbitration award appeal costs decision that I know you'll enjoy: Spadacini-Kelava v. Kelava, 2021 ONSC 2490
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Do tweets count?
Now accepting nominations for the 2022 David W. Mundell Medal, honouring excellence in legal writing.
The deadline for submission is December 2.
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OMG. Thank you 311 Jarvis Ed Committee and
@FLAOntario
, Professor Thompson's CLE on child support was literal (and for the moment, free) gold.
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At times I struggle whether to post a particular court decision, the analysis being 'probative value' (of the law cited/applied) vs 'prejudicial effect' (sensationalist/invasive facts).
This tweet represents those cases (as I have now) that don't make the cut.
Happy End, 2021!
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See, the thing about the law of hearsay is that the more you learn about it, the more you realize how little you understand it. Thank you again Prof Thompson and
@FLAOntario
for the humbling experience.
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Evergreen tweet: Everyone wants certainty in the law, except when it's against them. Then it's about fairness, context and discretion.
#TGIF
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Thought of the moment: the famlaw style of cause boxes should list the parties on the same row (i.e. "Respondent" box to the right of "Applicant"), with respective lawyers beneath each. Symbolically, the parties are on level footing, factual input needed from each.
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I am taking a twitter break for the next week, back with an amazing project launch on April 5.
I leave you with a cogently written disclosure/refusals decision on privilege and what it truly means to "use best efforts": Lokhandwala v. Khan 2021 ONSC 2006
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Grandparents vs. Father where Mother passes away and poor decisions made on both sides. Admissibility of death bed affidavit. "Children aren't chattels. No one inherits title to them. Best interests are paramount": Marshall v. Snow et al., 2022 ONSC 1687
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The father is eligible for vaccination and has chosen not to be vaccinated. Children are *not* immunocompromised. Material Change in Circumstance? Find out... ~29-34: S.W.-S. v. R.S., 2021 ONCJ 646
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Keep handy: Very strong decision against surreptitious recordings. And interesting (yet frustrating) analysis on not awarding joint custody where other party very clearly “gatekeeping”: Paftali v. Paftali, 2020 ONSC 5325
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On fabricating... then deleting (mid-trial)... electronic evidence. You just have to read it, ~41 on: Oremush v. Hickey, 2021 ONSC 6833
(for law, see Lenihan v. Shankar )
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A concise summary of how far a parent is expected to push a 'reluctant' child to see the other parent. Real question here: is it time to declare contempt dead, or is this a pendulum thing too?: McCarthy v. Murray, 2022 ONSC 855
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On Tuesday, courts across Ontario start issuing new Form 8.01 Automatic Order.
Today, I am launching a new tool to give people the means to truly fulfill it.
- Hand it to your client(s)
- Serve it with the Application
- Append it to a Request for Information
#justbeginning
Introducing the Document Checklist for Support Claims
Designed to empower those who want to fulfill their basic income disclosure requirements pursuant to the Family Law Rules.
Cost: Your constructive feedback.
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In addition to the law of relying on surreptitious recordings on an interim motion, keep in mind that recordings of spousal arguments where the kids are crying in the background make everyone look bad: Arbitman v. Lee, 2021 ONSC 315
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Just checking out the newer financial forms effective Sept 1 and the Form 13A indeed has a column "Date the Document was Provided to the Other Party". 👏
On a related note, the next iterations of the Financial Disclosure Certificate (which itself really ought to be incorporated in the financial statement) should have a column for "Date Provided". Just sayin'.
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A short interim interim parenting decision by Pazaratz J where parties’ positions differ by one overnight - but has zero effect on child support (4 nights vs 5). Worth showing to clients for whom it’s all about hitting the 40%: HP v. LV, 2020 ONSC 6023
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So how do you "evict" an unmarried, untitled party out of a property that they claim an equitable interest? Here, also an alleged domestic contract via email. Focus on what's in front of you - current title: Westlake v. Ellicock, 2021 ONSC 7363
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Before commenting on the legal overkill over pet ownership, consider this decision a good synopsis of the law: 'not quite property, not quite a child'. Consider the JFV-lite argument at ~40 in context of a house: Duboff v. Simpson, 2021 ONSC 4970 (CanLII),
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A paragraph to keep ~46: "Unwarranted calls to authorities, such as police & CAS can be psychological abuse as can surreptitious recordings, insults, unwarranted criticism about parenting & demanding to know whereabouts.": Sinclair v. Quade, 2024 ONSC 1098
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Pazaratz J. on adults (and their new partners) behaving very poorly. Maybe having their actions on public record can serve as a deterrent for others (??). On police stations, surreptitious recordings, conflict as material change: KM v. JR, 2022 ONSC 111
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A call to profession on manufacturing evidence ~247: Alienating parent spoofing emails to 3rd parties & creating two bogus
@OurFamilyWizard
accounts to fabricate exchanges. Law on authenticating electronic evidence ~216: Lenihan v. Shankar, 2021 ONSC 330
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My thoughts on Ahluwalia. For the 2020
@FDRIOntario
#unconference
(plug: it’s back May 16/22), I presented on Torts in Family Law (Leitch v Novac ONCA had just released). So, in the interest of education, a thread on this uneasy relationship. /n
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ONCA upholds a contempt finding for withholding access and related penalty of attending a cooperative parenting program under sanction of costs. Lesson: Don't text "the judge doesn't rule my life" in relation to an order: Gagnon v. Martyniuk, 2020 ONCA 708
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An Evidence Law refresher: video statements by child, drawings, child statements in parent affidavit, CAS Records, doctor's clinical notes, supervised access notes; correspondence *between* third parties: Sears v. Coristine, 2020 ONSC 7968
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Case to explain to clients the difference between "needs-based" and "compensatory" spousal support, aka why spousal support is payable even if both parties are working full time, over $100K: Nairne v. Nairne, 2023 ONCA 478~30
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Here's an idea for a self-funding judicial system: a 2% premium on any costs order, payable to the court, enforced through FRO. If you're wasting the other litigant's time, you're wasting the court's too.
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CLE idea of the day: Non-lawyer parenting mediators and coordinators teaching lawyers how *they* approach specific parenting disputes: e.g. young children, different parenting styles, different communication, overly cautious, 'entitled' thinking, stuck in home together etc.
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You really can't repeat this enough: it's the obligation of a self-employed party to explain their income, not the other party's to figure it out. Imputing just means, on balance, that line 15000 doesn't reflect total income: Awada v. Awada, 2021 ONSC 3343
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Many Covid vaccination decision-making cases relied on judicial notice where no expert evidence was led. Here, for 5 year old child, a full complement of competing experts (7 in all)... but not all of them qualified: C.M. v. S.L.S., 2022 ONCJ 206
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PSA: SCJ is consolidating Provincial Notices, past and present on June 15, 2023.
- Read the memo (summary of changes):
- Sneak peak for famlaw:
ht
@Ont_Law_Assoc
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How many disclosure orders do you need to breach before you are clearly "thumbing your nose" at the court process? Here 5. Excellent review on striking pleadings specifically where material & purposeful non-disclosure: Sheresht v. Abadi, 2021 ONSC 3161
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Kurz J on determining costs following a settlement, and the role of offers within that. For me, there's so much to say on how "costs" has become it's own claim (much like "disclosure"): DeSantis v. Hood, 2021 ONSC 5496
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Justice Pazaratz’ Covid-19 access suspension motion (not granted) decision circulating yesterday, now on CanLII. Important to read ~20-23 for judicial direction for such motions: Ribeiro v Wright, 2020 ONSC 1829
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You just have to read this s.7 expense decision. It provides clarity - and confirms the confusion - over what expenses qualify, here post-secondary (usual + moving [food] costs + shower flip flops), and re a $320 hockey stick: Craig v. Niro, 2022 ONSC 5178
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Div Ct appeal worth posting now, on a child's right to legal counsel (as opposed to representation/standing). Likely to be relied on in alienation cases, but consider motions to change. And read ~78 : JFCY v. J.G., 2020 ONSC 4716
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So how do you value a pension where the case proceeds by uncontested trial, the pension member is AWOL/not cooperating? Get an order (1) dispensing with signature for FL-1 *and* (2) fixing valuation date: Bartley v. Brown, 2022 ONSC 6264
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For my 1000th tweet, introducing the *Family CLE Archive* project, organizing quick access to over 300 CLE papers (so far) by topic, available from the CR Matrimonial Home Page. Bookmark!:
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Famlaw: hold my drink.
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Ever actually read FLR Rules 26 - 30 on enforcement of Orders? This paper methodically walks you through the process of support enforcement outside FRO... helpful too for costs, etc: Enforcing Support Orders – Private Enforcement - G. Makhoul - LSO 2023
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No, surreptitiously recording your sessions with a reconciliation therapist (esp in face of a contractual restriction) is NOT a good idea, offends public policy which goes to both admissibility & use for impeachment: Wilson v. Sinclair, 2021 ONSC 8345
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Introducing the CR 𝗙𝗮𝗺𝗶𝗹𝘆 𝗟𝗮𝘄 𝗗𝗼𝘂𝗯𝗹𝗲 𝗗𝗶𝗽 𝗔𝘄𝗮𝗿𝗱𝘀 for best Famlaw CLE papers. Let's acknowledge the time & energy lawyers (& law students!) put into these papers, with no expectation of pay.
Double Dip = papers we refer back to
This is how it works: /n
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This Friday I'm presenting to members of the Cleveland Bar on Ontario family law, including court procedure, for takeaways to incorporate in the US. What should I highlight?
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Found from July, definitely worth sharing:
What exactly is the line between a "change of residence" and a "relocation" for the purpose of notice and requiring consent/order? Here a 45 min move, but same 30 min commute: S.C. v. J.C., 2022 ONSC 4146
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This is an important issue that needs much more attention, especially in regard to disclosure.
Proposed CLE:
"Post-mediation ILA: Finding the space between rubber-stamps and rabble-rousers."
@disclosureCLIN
@FDRIOntario
#Familylawyers
need to do better! Telling a client their MOU means nothing when they come to you for ILA is not supportive! That MOU is a summary of all their hard work.
#mediation
#FamilyLaw
#DoBetter
#letsworktogether
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Jamal JA (as he was... then): No, really, a declaration of contempt is the *very* last remedy of last resort. Court must consider (and you should therefore be prepared to argue) alternative enforcement options: Moncur v. Plante, 2021 ONCA 462
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Anyone looking to understand how truly complicated Canadian family law is should scroll through this list and then consider an expanded list touching on legislation you need to know for tax, corporate law, bankruptcy, arbitration, SLRA claims...
A Guide for Counsel to Legislation for Family Law Orders by Justice MacEachern
#familylaw
#divorce
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On request, the Court Calculator now calculates responding time for 14B Motions.
At 7 days, it's calculated differently than 6d/4d timelines, per FLR R. 3(2). If the 7th day is weekend/court holiday, it's pushed to the next business day: R.3(3).
#A2J
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