Gene C Colman

Attorney Gene C Colman
Managing Partner
Location:
Toronto, Ontario, Canada
Phone:
888-389-3099 ext. 101
Fax:
416-635-5468
Email:

As a father of seven children, and grandfather to 11, I realize how essential it is for children to have significant contact and input from both parents. A divorce should not mean that one parent becomes cut off from the children.

I believe that men generally have been quite poorly treated by Canada's family law justice system. The "deadbeat dad" stereotype has unfortunately become mainstream and has made its way into the very fabric of the legal system.

I have found that in many cases for a father to maintain a meaningful relationship with his children post-separation/divorce, he must bring forth much more and better quality evidence than would a mother. Many of my clients are fathers who wish to maintain relationships with their children.

Do I represent women? Certainly. My clients quickly come to realize that my chief concern is representing people whose rights and concerns are unfairly threatened. Men certainly do not have a corner on injustice.

After more than 37 years as a family law lawyer, I find that I do best for clients who have challenging situations of fact and/or law. I welcome complex cases, particularly meritorious appeals on points of law.

My approach to the crucial issues in modern family law are front and centre:

  • Equal Shared Parenting: There should be a rebuttable presumption in favour of equal shared parenting.
  • Parental Alienation: The advocate for the "target" parent must think outside of the box and devise ways to achieve real results for the client. While not every case can have a solution, there are far too many cases where the legal system does not respond with sufficient resolve and creativity.
  • Fair Treatment for all - Procedural Fairness: Family courts must dispense justice in an even handed manner without discrimination. Preserving procedural rights ensures that each side has the opportunity to fully and fairly place his/her case before the court.
  • Gender Equality: Courts must make decisions without preconceived notions based upon a person's gender.
  • Fathers' Rights: Some react negatively to this term. I believe that "Fathers' Rights" should equal "Family Rights".
  • Child Support: Child support should be administered in our courts in a fair and balanced fashion.

Areas of Practice

  • 100% Family Law
  • Alimony & Spousal Support
  • Children's Rights
  • Custody & Visitation
  • Domestic Violence & Neglect
  • Paternity
  • Prenuptial Agreements

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.;

Bar Admissions

  • Ontario, 1979

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;

Associations

  • Founding Editor, currently Member Advisory Board Member, Canadian Journal of Family Law, 1976 - Present
  • 1st President of Balmoral Homeowners Association and Board Member, 1990 - 2017
  • Founding and Active Member: Lawyers for Shared Parenting
  • Founding Member, Former Sec-Treas., currently ex officio advisor to Board of Directors, Canadian Equal Parenting Council, 2004 – Present
  • Canadian Bar Association, Member, 1979 - Present
  • American Bar Association, Associate Member, 1990 - Present

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:

Marriage:

Pensions:

Support:

Reported and Digested Cases

  • Josling v. Zasada, [1981] CarswellOnt 1370 (Ont. U.F.C.)
  • 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
  • Edwards v. Edwards (1985), 45 R.F.L. (2d) 292 (Ont. U.F.C.) - Lump sum support
  • 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
  • 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. 3877, [1994] O.J. No. 3380, D.R.S. 95-20342 - 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. (4th) 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. (4th) 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 (Ont. S.C.J.) – Variation of spousal support
  • Vollmer v. Jones, [2005] O.J. No. 2134 (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 (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
  • Winick v. Winick, [2008] CarswellOnt 6099; O.J. No. 4091 (Ont. S.C.J.) - Certificate of Pending Litigation is properly vacated.
  • Langlois v. Grenier, [2008] CarswellOnt 7153; 2008 ONCA 802 (Ont. C.A.) - You can't always get what you want at an appeal. It's much better to get your ducks in order in first instance.
  • Krymko v. Krymko, [2008] CarswellOnt 6435 (Ont. S.C.J.) - Four different courts for two children in two jurisdictions. A jurisdictional nightmare!
  • Children & Family Services for York Region v. R. (L.), [2010] CarswellOnt 6513; 2010 ONSC 4505 (Ont. S.C.J.) - Holding a C.A.S. accountable is a proper purpose of a costs award but on the facts of this particular unique case, costs were not awarded.
  • Rodriguez v. Guignard (2012), 20 R.F.L. (7 th) 146, 2012 CarswellOnt 5183; 2012 ONSC 2444; [2012] O.J. No. 1895; (Ont. S.C.J.) - An off the record settlement meeting means just that - you cannot raise the contents of the meeting in an affidavit, no matter what!
  • Howe v. Demedeiros, [2012] CarswellOnt 10512; 2012 ONSC 4775 (Ont. Div. Ct) - Appeal decision with respect to procedural fairness and child support arrears.
  • Kawartha-Haliburton Children's Aid Society v. H. (K.), [2012] CarswellOnt 11542 (Ont. S.C.J.) - Costs against CAS on disclosure motion.
  • Kawartha-Haliburton Children's Aid Society v. H. (K.), 2012 CarswellOnt 11340; 2012 ONSC 5165 (Ont. S.C.J.) - Additional reasons to clarify above decision: A Society may be liable for the costs of a disclosure motion where it does not conduct itself fairly in carrying out its statutory responsibilities. A Society should be held accountable. Bad faith is not required to be proven. Where there is no bad faith, then partial indemnity costs follow.
  • Gavriluke v. Mainard, [2012], 32 R.F.L. (7th) 99, 2012 CarswellOnt 15358; 2012 ONSC 6928 (Ont. S.C.J.) - What court has jurisdiction? France or Ontario?
  • Rodriguez v. Guignard, [2013] CarswellOnt 503; 2013 ONSC 146 (Ont. S.C.J.)
  • Gavriluke v. Mainard (2013), 32 R.F.L. (7th) 111, 2013 CarswellOnt 5108; 2013 ONSC 2337 (Ont. Div. Ct) - Appeal decision: What court has jurisdiction? France or Ontario?
  • Children's Aid Society of the County of Dufferin v. H. (E.), [2014] CarswellOnt 9677; 2014 ONCJ 336 (O.C.J.) - Outrageous C.A.S. behaviour results in costs award against the Society.
  • Children's Aid Society of Toronto v. S.P., [2017] CarswellOnt 8099; 2017 ONCJ 340 (O.C.J.) - Expedited Rule 1 Hearing under Child & Family Services Act concerning unexplained head injury to infant.

Presentations

  • "The Language of Custody: Terminology, Trends and the Canadian Experience", National Family Law Programme, 1992
  • "Gender Bias and Family Law: Where are We?", The Federation of Law Societies and The Canadian Bar Association, 2000
  • "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"
  • "Parental Alienation in Canada: Trends Analysis", Canadian Symposium for Parental Alienation Syndrome, Toronto Convention Centre, March 27, 2009. Some of the findings of this research are found at my web site. Click here.
    You can actually watch this presentation on You Tube.