Curriculum Vitae (C.V.)

Education:

Undergraduate:

York University, 1969 - 1970, Undergraduate studies;
Hebrew University of Jerusalem, 1970 - 1973, B.A. (Major: International Relations; Minor: Political Science);

Graduate:

Hebrew University of Jerusalem, 1973 - 1974, Graduate course work and research, M.A. programme, International Relations;

Law School:

Osgoode Hall Law School, 1974 - 1977, LL.B.;


Professional Information:

Professional and employment experience since call to the Bar in 1979:

1979 - 1980: Employed by solicitor, Colin Rayner, Hamilton, Ontario
1980 - 1982: Partner - Rayner, Oliver & Colman, Hamilton
1982 - 1988: Sole practitioner, Hamilton
1988 - 1990: Associate: Teplitsky, Colson, Toronto & Brampton
1990 - 1995: Senior partner - Colman, Greenwood & Posen, Toronto
1995 - present: Gene C. Colman Family Law Centre, Toronto


Gene C. Colman:

  • practice restricted to - family law, mediation, arbitration;
  • has represented children in Hamilton's Unified Family Court as a member of the Official Guardian's Child Representation Panel (1980 - 1988);
  • is the founder and former Managing Editor of the Canadian Journal of Family Law; currently serves on the Advisory Board; (Wikipedia entry for Canadian Journal of Family Law)
  • has appeared in all Ontario trial level courts, in the Divisional Court and in the Court of Appeal. Boards appeared before include Labour Relations Board, Criminal Injuries Compensation Board, Assessment Review Court and Review Placement Advisory Committee;
  • helped to draft standard Arbitration Agreements in family law and commercial matters for the Rabbinical Court of Toronto;

The appropriate dispute resolution mechanism for the case at hand:
Mediation, Arbitration, Litigation

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Publications

Alimony Insurance:

"Alimony Insurance could be tax deductible", Law Times, 2 March 1992, and Money & Family Law, 5 May 1992;


Custody of Children:

"Joint Custody: Recent Developments" (1989), 4 C.F.L.Q. 1;

"Joint Custody: An Update" (1989), 19 R.F.L. (3d) 246;

"Children's Law Reform Act Amendments Pose Problems", Law Times, 19 March 1990;

"The Language of Custody: Terminology, Trends and the Canadian Experience", The Federation Of Law Societies and The Canadian Bar Association 1992 National Family Law Programme, Charlottetown, Prince Edward Island;


Dispute Resolution:

"Dispute Resolution - Let's Get On With It!", Hamilton Law Association News Magazine, April 1989, vol.3(4);

"Lawyers can Resolve Cases Faster With Planning and ADR", Law Times, 12 February 1990;

"Court Action & ADR: Resolve Cases Faster", ADR Conference Materials (Unified Family Court, May 1990);

"The M.A.D.S. Method: A Revolutionary Proposal for the Early Settlement of Matrimonial Cases", Canadian Dental Association Journal, 1990, vol. 56(5);

"A Recipe for fixing the family law system", Law Times, 22 August 1994;

"Beis Din - A Proposal for Reform: Ensuring Enforceability of Beis Din's Judgments" (a detailed research paper for the Rabbinical Council of Toronto, February 1995 - This paper recommends the reforms required so judgments of the Rabbinical Court of Toronto would be legally binding and enforceable under the Arbitration Act, 1991 of Ontario.)

"Gett Law must be used cautiously by lawyers", The Lawyers Weekly, Vol 17, No. 11, July 18, 1997, page 11;

"Re: I Will Never Give You a Jewish Divorce (GETT)", Matrimonial Affairs (Canadian Bar Association - Ontario Family Law Section Newsletter), Vol. 9, No. 1, September 1997;

Summary Judgment Available in Child Welfare and Custody Cases, 1998, Quicklaw - Syrtash Collection of Family Law Articles, SFLRP/1998-001;

"Gender Bias and Family Law: Where are We?", The Federation of Law Societies and The Canadian Bar Association, 2000 National Family Law Programme, St. John's, Newfoundland;

"Procedural Fairness Essential in Family Law Cases", Matrimonial Affairs (Ontario Bar Association - Family Law Section Newsletter), Vol. 13, No. 1, September 2001

Procedural Fairness and Case Conferences, June 1, 2004, Canadian Journal of Family Law, 2004, Vol. 20(2), p. 379


Marriage:

"Jewish Marriage and Ontario Law", (joint authorship with Joseph Posen) Perspectives, December 1991;


Pensions:

"Fuss About Pensions - Practical Suggestions", Money & Family Law, August 1996;

"Pensions: Practical tips for general practitioners" Law Times, 29 July 1996;

"Pension Reform – Watch Out", Money & Family Law, Vol. 20, No. 7, July 2005 (jointly with G. Edmond Burrows and Penny Hebert);


Support:

"Summary Maintenance Rehearings: Factors to be Considered" (1978), Canadian Journal of Family Law, vol. 1(1);

"Separation and divorce and MDs: What is your licence to practise worth?", Canadian Medical Association Journal, 1990, vol. 142 (6);

"Facing Separation and Divorce: What is your Licence to Practice Worth?", Canadian Dental Association Journal, 1990, vol. 56(1);

"Divorce and Support: When and Why", Canadian Dental Association Journal, 1990, vol. 56(8);

"Putting Hubby Through - the Compensatory Support Conundrum", Canadian Dental Association Journal, March 1990, vol. 56(3); Canadian Medical Association Journal, 1990, vol. 142(2);

"New Ontario law means new rules on child-support payments", Canadian Medical Association Journal, 1991, vol. 144(3);

"Third Party Support Payments", Money & Family Law, Vol. 11, No. 12, December 1996, page 95.

"Can Child Support Arrears be Cancelled? The Ontario Court of Appeal Rules", Money & Family Law, Vol. 12, No. 3, March 1997

"Child Support Guidelines - New Laws, New Challenges" (1998), 15 C.F.L.Q. 229

"Guidelines' Undue Hardship Produces Conflicting Decisions", Money & Family Law, Vol. 13, No. 7, July 1998;

"Miglin v. Miglin - The Death of Private Ordering?" Matrimonial Affairs (Canadian Bar Association - Ontario Family Law Section Newsletter), Vol. 12, No. 8, May 2001;

" Contino v. Leonelli-Contino — A critical analysis of the Ontario Court of Appeal interpretation of section 9 of the Child Support Guidelines" (2004), 22 Canadian Family Law Quarterly 63 and in: (2004) 20(2) Canadian Journal of Family Law 379;

" Contino v. Leonelli-Contino — A Case Comment", Money & Family Law, Vol. 19, No. 1, January 2004, and in Matrimonial Affairs, Vol. 15, No. 4, March 2004;

"Action Needed on Paternity Fraud", Law Times, June 13, 2005


Reported and Disgested Cases:

Coreslab Ltd. v. Van der Meulen Construction Ltd., [1982] O.J. No. 262 (Ont. S.C.) – Motion for judgment in construction lien action;

Lamb v. State Farm Mutual Automobile Insurance Co., [1982] I.L.R. 5865 (Ont. S.C.) - No fault insurance benefits: meaning of "employed at date of accident";

C.C.A.S. Hamilton-Wentworth v. S. (M.) (1985), 10 C.P.C. (2d) 60 (Ont. U.F.C.) - Exclusion of witnesses during child welfare trial;

C.C.A.S. Hamilton-Wentworth v. S. (J.C.) (1986), 9 C.P.C. (2d) 265 (Ont. U.F.C.) - Qualifications of expert child welfare witness;

Edwards v. Edwards (1985), 45 R.F.L. (2d) 292 (Ont. U.F.C.) - Lump sum support;

Taylor v. Persaud, [1986] O.J. No. 936 (Ont. C.A.) – Punitive damages sought in face of criminal conviction;

Banks v. Banks (1986), 2 A.C.W.S. (3d) 436, [1987] W.D.F.L 147, 9 F.L.R.R. 132 (Ont. U.F.C.) - Joint custody ordered under Divorce Act in face of spouse's objection;

Re J.(K.): C.A.S., Hamilton-Wentworth v. J.(A.) and S.(S.), [1988] O.J. No. 758 (Ont. U.F.C.) – Child welfare interim hearing where abuse allegations found to be unsubstantiated;

Vandeworp v. Vandeworp (1988), 28 O.A.C. 128 (Ont. Div. Ct) – Appeal of reduction in spousal and child support arrears and spousal support order;

Bekeros v. Bekeros (1989), 19 R.F.L. (3d) 432 (Ont. U.F.C.) - Attributing income to dependent spouse on interim support motion;

Kreznarich v. Ramsay, [1989] O.J. No. 781 (Ont. Dist. Ct) – Motion to produce documents and reattend for further examination;

Nicol v. Nicol (1989), 21 R.F.L. (3d) 236 (Ont. H.C.) - Value of R.R.S.P.'s for purposes of Family Law Act, Gifts and Inheritances, Compensatory Support, Overnight Access;

Gremont v. Gremont [1990] O.J. No. 1738 (Ont. Ct, Gen. Div.) – Motion to amend pleadings and add party where spouse/officer of family company was dismissed by his spouse/majority shareholder in the family company;

Weidberg v. Weidberg (1991), 32 R.F.L. (3d) 110 (Ont. Ct, Gen. Div.) - Rabbinical Court judgment summarily enforced by Ontario Court;

Mannarino v. Mannarino (1992), 43 R.F.L. (3d) 309 (Ont. C.A.) - Lump sum spousal support.

Zaharova v. Kovler, [1994] O.J. No. 3380, D.R.S. 95-20342 and [1994] O.J. No. 3877, D.R.S. 95-20340 - Successful appeal from a decision of Provincial Judge H. Douglas Wilkins on 8 December 1993, dismissing a motion for summary judgment in a custody claim brought by maternal grandmother against father and uncle of the children; Decision of Judge Wilkins: [1993] O.J. No. 3444, D.R.S. 95-20191.

Reyhanian v. Reyhanian, [1997] O.J. No. 1617, D.R.S. 98-03547 (Ont. Ct, Gen. Div.) – Spousal support and child support pursuant to the Federal Child Support Guidelines and generous access to the father including order for an "access facilitator";

Billark v. Billark (1998), 36 R.F.L. (4 th) 361 (Ont. Ct, Gen. Div.) Interim child support claim dismissed where joint custody and 40% of time with one parent;

Robinson v. Robinson, [1998] O.J. No. 5251 (Ont. Gen. Div.) – Joint custody, challenge to status quo implemented by unilateral actions of one spouse.

Stein v. Stein, [2002] O.J. No. 427, 2002 CarswellOnt 373 (Ont. S.C.J.) – Interim spousal support awarded of $20,000.00 monthly plus $65,000.00 lump sum;

Shomer v. Shomer, [2002] O.J. No. 1553 (Ont. C.A.) – Acting for respondent on appeal of divorce judgment, appeal dismissed.

Stein v. Stein, [2002] O.J. No. 5015, 2002 CarswellOnt 4451 (Ont. S.C.J.) – Successful motion to strike pleadings and strike respondent's setting action down for trial in face of non-payment of interim spousal support and costs;

Costa v. Costa, [2002] O.J. No. 3257, 2002 CarswellOnt 2778 (Ont. S.C.J.) – Custody issues in context of religious and cultural upbringing of children; costs disposition at [2002] O.J. No. 4763, 2002 CarswellOnt 4197;

Farrar v. Farrar (2003), 63 O.R. (3d) 141, 222 D.L.R. (4 th) 19, 32 R.F.L. (5 th) 35, [2003] O.J. No. 181, 2003 CarswellOnt 195 (Ont. C.A.) – Successful appeal with respect to procedural fairness issues in the conduct of a trial; Valuation of husband's pension where credits earned entirely prior to the date of the marriage, value changing during the marriage, and pension in pay prior to date of separation; Valuation of wife's interest in former husband's pension where credits earned entirely prior to the date of the marriage; Entitlement to survivor benefits; Successful appeal of lump sum spousal support in favour of husband;

Gabel v. Gabel, [2003] O.J. No. 960, 2003 CarswellOnt 1090 (Ont. C.A.) – Successful appeal of dismissal of motion to set aside default divorce judgment.

Barker v. Barker, [2005] O.J. No. 2484, [2005] O.T.C. 503, 139 A.C.W.S. (3d) 1048 (Ont. S.C.J.) – Variation of spousal support;

Vollmer v. Jones, [2005] O.J. No. 2134, 139 A.C.W.S. (3d) 704 (Ont. S.C.J.) – Successful motion to strike irrelevant allegations in family law application;

CAS of Halton Region v. K.L.A., [2006] O.J. No. 3958, 216 O.A.C. 148, 151 A.C.W.S. (3d) 618 (Ont. C.A.) – Successful appeal from appeal decision in Ont. S.C.J. whereby new trial ordered for the respondent parents. Case successfully addresses issue of procedural fairness for parents in child welfare proceedings.


Some of Gene C. Colman's Presentations:

Gene Colman has made numerous presentations to a number of different groups. Some of these include:

1992 and 2000 National Family Law Programmes (noted above);

"Ensuring Enforceability of the Rabbinical Court's Judgments", The First Annual Comparative Law Conference – Justice and Jewish Law, May 3, 1998, Toronto;

A number of presentations to FACT (Fathers Are Capable Too), Toronto, and one presentation to Non Custodial Parents of Durham, Oshawa, from 1997 to the present covering such topics as "Gender Bias in the Family Courts: Fact or Fantasy?", "Parental Mobility – Will the Courts Permit Relocation?", "Custody and Access", "Custody and Access Assessments", "Introduction to the Child Support Guidelines", "Undue Hardship under the Child Support Guidelines", "Recommendations of the Senate Commons Joint Committee on Custody and Access".

January 2004 - to Family Justice Review Committee of Halton - How to mount an effective child custody case.

27 March 2009 - At the Canadian Symposium for Parental Alienation Syndrome, Toronto Convention Centre, presented original research: "Parental Alienation in Canada: Trends Analysis".

Associated Practice with Edwin A. Flak

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