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FDR Updates, News & Updates

Divorcing on a Budget – Is it Possible?

Devorah Jonas
Posted on January 2, 2020 at 9:34 pm / 0

Divorce is expensive. If you were asked to summarize the costs that your next client would pay for total services rendered, you would be able to come up with an estimate (or at the very least a general range) without too much trouble. However, if you were asked you to do the same for another FDR professional not within your area of expertise this estimate would be more difficult for you to complete.  Think about costs for a moment – about all the plethora of fees for services that any one client  is paying over the course of their divorce:…

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FDR Updates, News & Updates

CLIFF’S NOTES: An Idea to Think About: Judge Focused Mediation and Decision Making

Clifford Nelson
Posted on January 2, 2020 at 9:28 pm / 0

I have been thinking about having those judges who preside over family matters in Ontario’s courts expand their duties to include mediation, followed by the ability to render a decision, should the parties be unable to reach agreement. Let me back up for a moment. Those of us familiar with the court system understand that it has been, for many years, far too expensive for middle-class people. With recent cuts to Legal Aid duty counsel, the family court system has put up another “stop sign” for those who are not middle-class earners. Even for the wealthy, legal fees have increased…

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FDR Updates, News & Updates

Family Law Rules: Changes on Expert Witnesses

Shmuel Stern
Posted on January 2, 2020 at 9:24 pm / 0

In September 2019, the Family Law Rules were updated to provide expanded direction on the use of expert evidence. Four months later, we can reflect on some impact as reflected in case law.  (a) First, how we got here It may be recalled that prior to these amendments, the last large amendment to Rule 20.1 was in September 2011 and included some of the same terms that are now expanded upon in the September 2019 amendments. What happened? Without delving too much into history, 2015 was the “year of the expert” as the Court of Appeal weighed in on the…

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FDR Updates

Case Law Review: Giddings v. Giddings

Brahm Siegel
Posted on January 2, 2020 at 9:15 pm / 0

Last month an important decision was released on the issue of whether an arbitration award made in the absence of a signed arbitration agreement is valid. In Giddings v. Giddings, 2019 ONSC 7203 (CanLII), the parties agreed in Minutes of Settlement that any unresolved equalization issues would be “summarily arbitrated” by Stephen Grant.  They further agreed in said Minutes they would proceed with domestic violence screening and sign an arbitration agreement confirming Mr. Grant’s appointment.  Due to an oversight, they never did. Problems began when counsel begin working with Mr. Grant before the arbitration agreement was signed.  He conducted a…

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FDR Updates, FDRIO in the News

When Should I Ask For a Formal Business Valuation?

Matthew Krofchick
Posted on January 2, 2020 at 6:06 pm / 0

For ADR professionals, there is always a need to balance cost against value.  However, when a family owes and operates a business, and some of all of the income and property are tied up in that business, there is real value in determining its scope. FDRIO asked Matthew Krofchick when we should ask for a formal business valuation and here’s his response. When you faced with a need for a business valuation in a matrimonial separation, the answer to your question, from my perspective is always and early.  Here are the seven main reasons why: There is a common misconception…

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FDR Updates, News & Updates

The Meaning and Importance of Arbitration Act Reg. 134/07: For Counsel, Arbitrators and Parenting Coordinators

Hilary Linton
Posted on January 2, 2020 at 5:58 pm / 0

In this issue, we address the continuing confusion among the bar and bench about the formal pre-requisites for binding family arbitration agreements. As someone with considerable knowledge of the meaning, purpose and utility of the pre-arbitration requirement for screening for power imbalances and domestic violence. I am having difficulty with the recent decision of the Honourable Justice Gray in Giddings v Giddings, 2019 ONSC 7203 (CanLII). As case law commentary team member Brahm Siegel notes below, the court in Giddings post-validated an arbitral process, even though it failed to comply with the clear and strict requirements of the Regulation under…

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FDR Updates, News & Updates

The Ryerson Legal Innovation Zone (LIZ) Family Law Portal

Posted on January 2, 2020 at 5:44 pm / 0

A Conversation The Family Law Portal Team at Ryerson is very aware of recent efforts to improve the experience of family law clients, particularly those considering a court process. Both the enhanced CLEO Guided Pathways and the Family Law Limited Scope Services Project are welcome initiatives. Some History Several years ago, Chris Bentley, the Director of Ryerson’s LIZ embarked on a creative project. Several members of FDRIO, Collaborative Family Law Toronto, ADRIO and OAFM were invited to participate. We reached out to a wide range of multi-disciplinary family professionals and clients, as well as Ryerson faculty and students, inviting ideas…

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FDRIO in the News, News & Updates

Conference Highlight – Panel Applauds Divorce Act Changes That Highlight Mediation, and Best Interests of Child

FDRI
Posted on January 2, 2020 at 5:35 pm / 0

Family justice experts at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference lauded amendments to the Divorce Act, which they say signal a “cultural shift” in best interest of the child duties as well as an emphasis on mediation. “The Divorce Act: How will the changes impact FDR?” panel, held on Nov. 18, included Dr. Rachel Birnbaum, of King’s University College at the University of Western Ontario; Nicholas Bala, a professor at Queen’s University; Claire Farid, counsel for the Family Law Policy Unit of the Family, Children and Youth Section of the Department of Justice; and was…

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FDRIO in the News, News & Updates

Panel applauds Divorce Act changes that highlight mediation, best interests of child

Amanda Jerome for The Lawyer's Daily
Posted on December 16, 2019 at 11:49 am / 0

Published by The Lawyer’s Daily on Tuesday, December 10, 2019. Family justice experts at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference lauded amendments to the Divorce Act, which they say signal a “cultural shift” in best interest of the child duties as well as an emphasis on mediation. “The Divorce Act: How will the changes impact FDR?” panel, held on Nov. 18, included Dr. Rachel Birnbaum, of King’s University College at the University of Western Ontario; Nicholas Bala, a professor at Queen’s University; Claire Farid, counsel for the Family Law Policy Unit of the Family, Children and…

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Event, News & Updates

CBVs in Family Law – Current Issues in Canadian practice

CBV Institute
Posted on December 16, 2019 at 10:36 am / 0

Join CBV Institute and Family Dispute Resolution Institute of Ontario (FDRIO) for a joint seminar on hot topics in family law.  Three expert panels consisting of CBVs, a Judge and lawyers will provide attendees with key insights on independence of experts, practice issues and joint retainers.  Registration for the in-person session is limited to 70.  Register now to secure your spot! Independence of experts: Fact vs AppearanceThe panel will explore the importance of independence in fact and in appearance from a practical perspective. The panel will discuss:• Review of criticisms of CBVs’ perceived lack of independence from various pertinent cases• Judicial…

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FDR Updates, FDRIO in the News

Downey committed to expansion of Unified Family Court, unveils changes to LAO duty counsel

Amanda Jerome for The Lawyer's Daily
Posted on December 3, 2019 at 12:58 pm / 0

This article was originally published by The Lawyer’s Daily, part of LexisNexis Canada Inc. November 26, 2019 Expansion of the United Family Court (UFC), a smooth transition during amendments to the Divorce Act, and changes to Legal Aid Ontario’s (LAO) duty counsel, were priorities outlined by Ontario’s Attorney General, Doug Downey, at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference. Downey, the keynote speaker at the conference held in Toronto on Nov. 18, said the Ministry of the Attorney General is reviewing the federal amendments to the Divorce Act to “determine how changes will impact our family…

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FDRIO in the News

A discussion with Audrey Isenor – Executive Director of Community Justice Alternatives of Durham Region

FDRIO
Posted on November 5, 2019 at 6:20 pm / 0

FDRIO:  What is Community Justice Alternatives of Durham Region, and who are the members and users of your organization? Since 1981, Community Justice Alternatives of Durham Region (CJADurham) has provided Durham Region residents with programs and services that: contribute toward the prevention of crime develop safer communities address social issues and the rehabilitation of offenders, and promote stronger communication and healthier family well-being. Our website https://www.cjadurham.ca has information on all of our services and programs and we invite you to browse this information. FDRIO: What do you believe are the most important elements of a community justice approach?   We pride ourselves…

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FDRIO in the News

James Colin MacDonald: An Appreciation 

by Clifford Nelson
Posted on November 5, 2019 at 9:09 am / 0

Jim MacDonald died on September 19, 2019 at his summer home on Prince Edward Island. His passing has caused me to reflect on his career and on his importance to the development of family law in Canada. Jim graduated as a lawyer in British Columbia practising there for a short time before moving to Ontario in the 1960’s. He met Lee Ferrier; they decided to practise law together, though unsure, in the early days, what type of practice they should develop. At that time, there were few specialist law firms. A chance remark from Joe Pomerant, who was a young…

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FDRIO in the News

Interview with Jim Melamed, CEO of Mediate.com

Hilary Linton, J.D., LL.B., LL.M.(ADR), Acc. FM
Posted on November 5, 2019 at 9:01 am / 0

This interview by Hilary Linton, a Toronto family lawyer, mediator, arbitrator and trainer at Riverdale Mediation Ltd, and a Director at the Family Dispute Resolution Institute of Ontario (FDRIO), was done for publication in the FDRIO November 2019 newsletter. Jim will be speaking at the FDRIO annual conference November 18, 2019 in Toronto. For full conference details click here. To sign up for the free monthly FDRIO newsletter click here. Jim Melamed began mediating in 1983 and was the first President and Executive Director of the Oregon Mediation Association (1985). After this, Jim served for 6 years as Executive Director…

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News & Updates

393 ASC: Information Night and Lawyer Training

FDRIO
Posted on November 1, 2019 at 12:07 pm / 0

The Bench and Bar Committee for the Superior Court of Justice at 393 University (Family) is thrilled to announce a new project – 393ASC (Advice and Settlement Counsel).  Beginning in January, 2020, we will have 2 lawyers every Tuesday and Friday at 393 University Avenue to provide private Duty Counsel services on the 9th floor.  Our roster lawyers will be available to provide summary advice on all family law matters, assist in negotiating consents, and even appear in Court.  Self represented litigants will be able to access these services by paying $200.00 per hour plus HST to the roster lawyer by…

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