Breach of Court Orders and
Gary Joseph

Breach of Court Orders and 'No Audience' Concept

As an officer of the court, lawyers have a positive duty to advise clients of their obligations under an order of the court and the imperative of full compliance. However, the rights to be heard and the right of meaningful appeal are also important components of our system of justice. ...

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Streamlining Process for Review of Temporary Orders
Gary Joseph

Streamlining Process for Review of Temporary Orders

As family lawyers become increasingly busy with the certain fallout of COVID and the overburdened courts struggle to keep up, trials will be further delayed. A possible answer is some form of summary review process for orders made on temporary motions. Original article posted by  The ...

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Embrace of Work-Life Balance Coming to Legal Profession
Gary Joseph

Embrace of Work-Life Balance Coming to Legal Profession

What we describe as "rat race culture," appears to be coming to an end. Young lawyers for the most part reject this model. The idea of servitude for years is a poison to work-life balance, and more importantly, often to overall mental health. Work addiction is not an ideal sought by the young. ...

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Predatory Marriage Problem Just Getting Worse
Gary Joseph

Predatory Marriage Problem Just Getting Worse

The practices of family law and estates law often cross paths. One such area of overlap between the two fields is the law as it relates to what has been called the "Predatory Marriage." Consider a divorced older gentleman with two adult children. He has worked hard all his life and wants to ...

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Last Words on Paralegals
Gary Joseph

Last Words on Paralegals

The public wants better access to justice and the LSO seems convinced that the method best to address this issue is to license paralegals to do the family law work. For many years this work has been recognized as legal work requiring an individual trained in the law and mentored into the ...

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No to Unlimited Settlement Conferences
Gary Joseph

No to Unlimited Settlement Conferences

For too long counsel and parties have used conferences as disclosure vehicles often engaging the court in repeated events on their way to either trial or settlement. In the process, they burn up valuable resources on legal fees and wasted court time. In my view, this contributes to the increase ...

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Finding of Fraudulent Conveyance in Family Law Proceeding
Michael Stangarone, Stephen Kirby

Finding of Fraudulent Conveyance in Family Law Proceeding

Finding of fraudulent conveyance in a family law proceeding and rare vesting order hands non-compliant ex-husband’s share of the matrimonial home to former spouse A rare vesting order granting a woman full ownership of a matrimonial home could save years in enforcement efforts against ...

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Decision Throws Light on Mechanics of Parallel Parenting
Gary Joseph

Decision Throws Light on Mechanics of Parallel Parenting

Parallel parenting has been recognized as a useful tool in high conflict cases.  Decision making for the child(ren), often the core of the dispute, is parsed between parents.  These arrangements can reduce parenting conflict and calm the seas of parental engagements.  Courts have ...

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Better Ways of Giving Self-Reps Access to Justice
Gary Joseph

Better Ways of Giving Self-Reps Access to Justice

I have written many (too many) times about my concerns with the proliferation of self-represented litigants and am gratified that much of the data gathered supports some of my previously expressed views. Most upsetting to me, is our profession's continual silence on the value we bring to the ...

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When Hague Convention Intersects with Domestic Law
Michael Stangarone, Kristy Maurina, Alice Parama

When Hague Convention Intersects with Domestic Law

When a return application is brought in Ontario following a child's abduction, the court must determine whether to proceed under the Hague Convention of Civil Aspects of International Child Abduction (Hague Convention) or s. 40 of the Children's Law Reform Act.  Although similar in many ...

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