The Matrimonial Home & the Right of First Refusal
Gary Joseph

The Matrimonial Home & the Right of First Refusal

Once again, the issue of the disposition of a matrimonial home has found its way to the Ontario Court of Appeal in the case of Barry v. Barry 2020 ONCA 321.  I find this surprising in that the same court in 1992 clearly articulated its view on a very similar if not identical issue in Martin ...

View More

Reconciliation and the Interaction between Standard Form Agreements and Common Law
Michael Stangarone, Stephen Kirby

Reconciliation and the Interaction between Standard Form Agreements and Common Law

Separating spouses and their counsel must take care when relying on standard reconciliation clauses in separation agreements as highlighted by the Court of Appeal for Ontario in the recent decision... Original article posted by  The Lawyer's Daily , and requires a subscription to ...

View More

No Going Back: Technology & Court Process
Gary Joseph

No Going Back: Technology & Court Process

The COVID-19 shutdown of the court system was initially viewed as a temporary measure to address legitimate health concerns.  Most lawyers expected a quick return to "normal" once the pandemic passed.  Two things have now become quite apparent; Original article posted by  The ...

View More

COVID-19 no excuse to rip up existing custody arrangements
Gary Joseph

COVID-19 no excuse to rip up existing custody arrangements

By Gary Joseph , managing partner Parents should not view the COVID-19 pandemic as an opportunity to change the rules of the game when it comes agreements or court orders regarding custody and access of their children. While regular operations of the Ontario Superior Court of Justice ...

View More

Just one kick at the can to challenge urgency of matters during COVID-19
Gary Joseph

Just one kick at the can to challenge urgency of matters during COVID-19

By Gary Joseph , managing partner Family law litigants can not challenge the urgency of a matter once a hearing has been scheduled under the court’s COVID-19 measures, according to a recent Ontario Superior Court judgment. Since its temporary suspension of operations in mid-March, the court ...

View More

Tailor reconciliation clauses to ensure parties’ intentions are reflected
Michael Stangarone

Tailor reconciliation clauses to ensure parties’ intentions are reflected

Splitting spouses must take care when using standard reconciliation clauses in separation agreements, says Toronto family lawyer Michael Stangarone . In the recent case of Miaskowski v. MacIntyre , the Court of Appeal for Ontario considered a twice-separated couple’s dispute ...

View More

Onus unchanged during pandemic in ‘exclusive possession’ cases
Michael Stangarone

Onus unchanged during pandemic in ‘exclusive possession’ cases

COVID-19 may be playing havoc with the court system, but it has not changed the burden of proof in disputes over exclusive possession of the matrimonial home, says Toronto family lawyer Michael Stangarone . In the recent case of C. v. C. , a mother of two children applied for exclusive ...

View More

Non-Hague countries subject to different test for return of abducted children
Michael Stangarone

Non-Hague countries subject to different test for return of abducted children

Courts are right to distinguish between Hague and non-Hague countries when deciding whether to order the return of abducted children, says Toronto family lawyer Michael Stangarone . In G. v. R. , Ontario’s Court of Appeal overturned a lower court decision ordering a mother to ...

View More

Urgency, COVID-19 and Family Law
Gary Joseph, Family Law

Urgency, COVID-19 and Family Law

Gary S. Joseph, LL.M., C.S., Managing Partner, MacDonald & Partners LLP., Family Law Practitioners   Access to our courts is now largely governed by the test of “urgency”.   There is a multitude of cases addressing what our Judges view as urgent.  For the most part, ...

View More

Advocacy: What works and what doesn
Gary Joseph

Advocacy: What works and what doesn't

Much has been written about effective advocacy.  There are courses designed to assist lawyers in being or becoming persuasive both orally and in writing.  One of the most prized skills for both barrister and solicitor is the ability... Original article posted by  The Lawyer's ...

View More

< NEWER POSTSOLDER POSTS >

We can help you find a resolution that will help your family move on.


If you are going through family issues or a relationship breakdown in the Greater Toronto Area, contact the laywers at MacDonald & Partners LLP and come into our office, in downtown Toronto, Etobicoke, Oakville and North York.

REQUEST CONSULTATION