Cultural sensitivity is a prerequisite for mediators working in a diverse metropolis like Toronto, which has long claimed the title of the world’s most multicultural city. There is plenty of evidence to back up that bold assertion. According to the 2016 Census, around 51 per cent of Torontonians were born outside the country, and a similar proportion in the Greater Toronto Census area identified as a member of a visible minority group, according to Statistics Canada. That kind of diversity poses a challenge for mediators, since many of the couples they see will come from a different background ..read more

By Darlene Rites When it comes to spousal support, indefinite is not the same as forever. According to Spousal Support Advisory Guidelines, spouses coming out of longer marriages (lasting more than 20 years) can typically expect the spousal support obligation to last for an indefinite period.  With no end date specified, my clients are often understandably alarmed (or comforted) by the prospect of spousal support payments, depending on whether they are the payor or the recipient. However, it is crucial for both parties to understand that even these open-ended orders for spousal support ca ..read more

Your children may not be physically present during a family mediation session, but they should never be far from your mind or that of your former partner. Amid the emotional turmoil that comes with every separation, it’s almost impossible to avoid getting caught up in conflict and point-scoring against your ex, even in the more cooperative environment of family mediation.  Whether I’m acting as counsel to one of the parties or as the mediator myself, I aim to ensure that the proceedings remain child-centred by encouraging parents to think about how their decisions will affect their kids ..read more

Divorce can be a difficult and emotional ordeal, but there are steps you can take to help make the process smoother and less stressful. As I mentally browse through my former client files, I realize that many people separating from their spouses are confused about the legal process or simply don’t know what to expect. Being well-informed is the key to empowering yourself during a divorce. In this post, I will explain the key aspects to be aware of that can make the divorce process more peaceful, fair and as drama-free as possible. Your rights and responsibilities You have rights as well as res ..read more

Money often complicates relationships, and the same can certainly be said of divorce. Even the humblest set of shared property can generate hostility between separating spouses, so it can be a challenge for couples who have amassed a more complex and valuable collection of assets during their time together to keep relations cordial. However, with the help of an experienced family lawyer who understands the unique nature of high-net-worth divorce, former spouses can set themselves up for a successful split. In this blog, I will outline three important factors that I have found lawyers and their ..read more

Couples who decide to work through the issues of their separation in mediation rather than in court have options for the professional they choose as their family mediator. First things first: Mediation is a voluntary, out-of-court process where a separating couple works with a family mediator who helps them negotiate a mutually acceptable agreement. In Ontario, we have a wealth of family mediators with different styles and backgrounds: some are lawyers, but there are also social workers, psychologists and other professionals. Depending on the issues you are looking to resolve, one type of medi ..read more

Changes to the Divorce Act and a recent case where a woman was awarded $150,000 in damages for domestic violence signal that this type of abuse will be taken more seriously in the family law context. Let’s begin with the legislative changes to the Divorce Act that were enacted in March of 2021. The Act now defines violence to include any behaviour that is: violent threatening a pattern of coercive and controlling behaviour, or conduct that causes a family member to fear for their own safety or the safety of another person. Many types of abuse are criminal offences, but under the Divorce Act ..read more

Holding on to the matrimonial home after separation is harder than it looks. Apart from the emotional ties one or both parties may have to the home where they made many of their family memories, it is also typically the most valuable asset they own, especially if they happen to live in a property market as hot as the Greater Toronto Area. Even in an otherwise amicable separation, these factors provide some of the key ingredients for a potential dispute. In this post, I will explore some of the scenarios that can arise with the matrimonial home and how the courts might resolve disagreements. Bo ..read more

Ontario could learn a thing or two from British Columbia’s new mandatory parenting classes for families going through separation. Since the start of the year, anyone wanting to appear in B.C’s Provincial Court for matters touching on guardianship, parenting arrangements or child support must first attend a Parenting After Separation course. The free online program helps parents develop strategies for communicating with each other and their children about their split, as well as introducing the parties to alternative methods of dispute resolution, including mediation and counselling. Parenting ..read more

Earlier this year, the federal government’s amendments to the Divorce Act came into effect. These substantive changes — the first in more than 20 years — signal a distinct shift away from the adversarial nature of litigation in an effort to make the family justice system more accessible and efficient. As of March 2021, family lawyers have an obligation to encourage clients to solve issues through a family dispute resolution process unless it would be inappropriate. As a family law litigator and mediator, I frequently discuss alternative dispute resolution (ADR) with my clients because I know h ..read more