By Douglas J. Manning, Partner, Certified Specialist in Family Law
A recent decision in Ontario has raised the profile of the tort of “invasion of privacy” in a case that may have an impact on family law cases. This case involved a claim by Ms. Jones against Ms. Tsige for “invasion of privacy”. The act…
Increasingly separated parties are relying on”Facebook”, email and text messages to prove certain parts of their case – and this can be very confusing.
Firstly, all electronic evidence will have to conform with respect to authenticity, originality and reliability. This is sometimes difficult as sites may not be secure or cut and paste documents can…
Repeatedly, in initial interviews and even in discussions with friends and other lawyers, I hear interpretations of family law that may be considered “urban myths”, using cultural parlance. This blog deals with the top three in regard to married parties and the matrimonial home.
Myth 1
Myth – The matrimonial home is deemed to be…
By Douglas J. Manning, Partner, Certified Specialist in Family Law
For years family law lawyers in Ontario (and their clients) having been waiting for (and lobbying for) changes to the legislation governing pensions upon separation. The reason for the desire for change was to be able to treat a spouse’s (or both spouses’) pension(s) more…
In my previous blog on the high cost of lawyers in family matters, I promised to lay out a couple of additional ways in which fees can be reduced.
A lot of time is taken up in gathering the necessary information for your lawyer so that he or she can…
I just read an article in the September 12, 2011 issue of McLean’s that caught my eye. The article written by Julia McKinnell discusses a new book for divorced parents entitled “Joint Custody with a Jerk” co-authored by Julie Ross and Judy Corcoran. Boy, the article hit home with me as in my practice…
Have you ever heard the expression – “Blew the case wide open”? This might seem more relevant to a murder trial where they find the smoking gun or perhaps you have watched a CSI episode and suddenly they find that one piece of evidence that magically solves the case.
Believe it or not that can…
Separated but not yet divorced legal spouses should beware of the potential legal effect of a pre existing will which leaves the spouse’s estate to his now estranged wife.
In the recent case of Macarchuk v. Macarchuk the spouses were separated but not divorced. Prior to separation, the husband had made a will naming his…
In Ontario, there has been much discussion in the media and amongst various legal groups about ‘access to justice’ and how, in particular, the high cost of litigation prevents people from ‘accessing the justice system’. Recently, the Chief Justice of the Supreme Court of Canada Chief dealt with this issue in her remarks at the…
Your relationship with your lawyer ought to professional, reasonably meet your expectations and be a diligent advocate for you. Remember, there is no perfection in law. Make sure there is a game plan and your lawyer apprises you of all steps and the cost/benefit analysis of proceeding in the manner recommended. Be open, honest and respectful and you ought to receive these qualities in return.
Continue Reading Do’s and Don’ts for Working with your Family Law Lawyer
