Why I Mediate

People often ask me why I believe in mediation. Why I mediate. I believe in mediation because, in many cases, it is a superior process to litigation and results in better outcomes for individuals and families. Self-Determination Couples going through a separation often feel powerless. Circumstances in their personal lives have gotten to the point …

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Update on proposed Divorce Act Amendments

On May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect the …

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Judge Says Treat High Conflict Parents Like Children

In an earlier blog post, I made reference to a November 2016 decision of the Honourable Mr. Justice Pazaratz and his denunciation of the parties’ practice of videoing each other with the child.  In re-reading the Reasons in the Whidden and Ellwood case, I discovered commentary by Justice Pazaratz on a wealth of other relevant …

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Stopping Cellphone Videoing in Custody Cases

Cellphone videos and photos have become an epidemic in family law cases.  Almost every client who comes in the door wants to show me a video of his or her spouse behaving badly.  This is particularly so in custody cases.  One parent videos (often surreptitiously) the other parent’s interactions with the child, in the hopes …

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Does Retirement End Spousal Support Payments?

I just read an excellent paper on retirement and its impact on the payment of spousal support which I thought might be of interest to my readers. The paper is entitled “Can a Support Payor Ever Retire?” by Jodi R Fleishman. I would be happy to provide you with a copy of the paper – …

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Family Law Trials Part IV: The Last Two Days

So I got really busy and couldn’t blog on the last two days of trial.  Lots of stuff happening.  I didn’t think anyone would notice.  Figured I would just do it later.  But, surprise, surprise.  I got notes from people asking about the trial, who want to know what happened.  I am so pleased to …

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Family Law Trials Part III: Day Three

It is 7:30 am on the morning of the third day of trial.  Yes, I slept in today.  Worked late and couldn’t move when the alarm went off at 6:00.  But still had trial dreams. Yuck. Yesterday was a good day.  The other side didn’t seem to score any points in cross of our client. …

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Family Law Trials Part II: Day Two

It is 6 am on the morning of the second day of trial.  I have been up for hours.  When I slept I dreamed of the trial.  I am reminded of what it means to live and breathe a case. We opened our case yesterday.  The judge is hard to read, nodding and listening and …

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