Gene C. Colman

Gene C. Colman

Managing Partner
Location:
Toronto, Ontario, Canada
Phone:
888-389-3099
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
  • Alimony & Spousal Support
  • Children's Rights
  • Custody & Visitation
  • Domestic Violence & Neglect
  • Paternity
  • Prenuptial Agreements

Bar Admissions

  • Ontario, 1979

Education

  • Osgoode Hall Law School, Toronto, Ontario, Canada
    • LL.B. - 1977
    • Law Journal: Canadian Journal of Family Law, Founder and Former Managing Editor, 1976 - 1977
    • Law Journal: Wikipedia Entry for Canadian Journal of Family Law, Advisory Board
  • Hebrew University of Jerusalem
    • M.A. - 1974
    • Major: Programme
  • Hebrew University of Jerusalem, Jerusalem, Israel
    • B.A. - 1973
    • Major: International Relations
    • Minor: Political Science
  • York University - 1970

Published Works

  • Joint Custody: Recent Developments, 4 C.F.L.Q. 1, 1989
  • Joint Custody: An Update, 19 R.F.L. (3d) 246, 1989
  • The Language of Custody: Terminology, Trends and the Canadian Experience, The Federation o Law Societies, The Canadian Bar Association, 1992
  • The Language of Custody: Terminology, Trends and the Canadian Experience, National Family Law Programme, Charlottetown, Prince Edward Island
  • Gender Bias and Family Law: Where are We?, The Federation of Law Societies and The Canadian Bar Association, National Family Law Programme, St. John's, Newfoundland, 2000
  • Procedural Fairness and Case Conferences, Canadian Journal of Family Law, Vol. 20(2), p. 379, June 1, 2004
  • Fuss About Pensions - Practical Suggestions, Money & Family Law, August, 1996
  • Pension Reform – Watch Out, Money & Family Law, Vol. 20, No. 7, July, 2005
  • Guidelines' Undue Hardship Produces Conflicting Decisions, Money & Family Law, Vol. 13, No. 7, July, 1998
  • Child Support Guidelines - New Laws, New Challenges, 15 C.F.L.Q. 229, 1998
  • Contino v. Leonelli-Contino - A critical analysis of the Ontario Court of Appeal interpretation of section 9 of the Child Support Guidelines, 22 Canadian Family Law Quarterly 63, 2004
  • Contino v. Leonelli-Contino - A critical analysis of the Ontario Court of Appeal interpretation of section 9 of the Child Support Guidelines, Canadian Journal of Family Law 291, Vol. 20(2), 2004
  • Founding Editor and Member, Canadian Journal of Family Law, Advisory Board Member, 1976
  • Alimony Insurance could be tax deductible, Law Times, 2 March, 1992
  • Money & Family Law, 5 May, 1992
  • Children's Law Reform Act Amendments Pose Problems, Law Times, 19 March, 1990
  • Dispute Resolution - Let's Get On With It!, Hamilton Law Association News Magazine, vol.3(4), April, 1989
  • 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, vol. 56(5), 1990
  • 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, Rabbinical Council of Toronto, February, 1995
  • Gett Law must be used cautiously by lawyers, The Lawyers Weekly, Vol 17, No. 11, July 18, 1997
  • 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, Quicklaw - Syrtash Collection of Family Law Articles, SFLRP, 2001
  • Procedural Fairness Essential in Family Law Cases, Matrimonial Affairs, Ontario Bar Association, Family Law Section Newsletter, Vol. 13, No. 1, September, 2001
  • Jewish Marriage and Ontario Law, Perspectives, December, 1991
  • Pensions: Practical tips for general practitioners, Law Times, 29 July, 1996
  • Summary Maintenance Rehearings: Factors to be Considered, Canadian Journal of Family Law, vol. 1(1), 1978
  • Separation and divorce and MDs: What is your licence to practise worth?, Canadian Medical Association Journal, vol. 142 (6), 1990
  • Facing Separation and Divorce: What is your Licence to Practice Worth?, Canadian Dental Association Journal, vol. 56(1), 1990
  • Divorce and Support: When and Why, Canadian Dental Association Journal, vol. 56(8), 1990
  • Putting Hubby Through - the Compensatory Support Conundrum, Canadian Dental Association Journal, vol. 56(3), March, 1990
  • Putting Hubby Through - the Compensatory Support Conundrum, Canadian Medical Association Journal, vol. 142(2), 1990
  • New Ontario law means new rules on child-support payments, Canadian Medical Association Journal, vol. 144(3), 1991
  • Third Party Support Payments, Money & Family Law, Vol. 11, No. 12, December, 1996
  • Can Child Support Arrears be Cancelled? The Ontario Court of Appeal Rules, Money & Family Law, Vol. 12, No. 3, March, 1997
  • 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 Case Comment, Money & Family Law, Vol. 19, No. 1, January, 2004
  • Contino v. Leonelli-Contino - A Case Comment, Matrimonial Affairs, Vol. 15, No. 4, March, 2004
  • Action Needed on Paternity Fraud, Law Times, June 13, 2005

Representative Cases

Classes/Seminars

  • The Language of Custody: Terminology, Trends and the Canadian Experience, National Family Law Programme, 1992
  • The Language of Custody: Terminology, Trends and the Canadian Experience, Federation of Law Societies
  • Gender Bias and Family Law: Where are We?, Federation of Law Societies, 2000
  • Gender Bias and Family Law: Where are We?, National Family Law Programme, St. John's, Newfoundland, 2000
  • Family Law Practice and Policy to FACT (Fathers Are Capable Too)), Toronto, Ontario
  • Family Justice Review Committee of Halton, Burlington, Ontario, 2004
  • Family Justice Review Committee of Halton, Burlington, Ontario, 2009
  • Parental Alienation in Canada: Trends Analysis, Canadian Symposium for Parental Alienation Syndrome, Toronto Convention Centre, March 27, 2009
  • Ensuring Enforceability of the Rabbinical Court's Judgments, The First Annual Comparative Law Conference - Justice and Jewish Law, May 3, 1998
  • Gender Bias in the Family Courts: Fact or Fantasy?, Fathers Are Capable Too
  • Parental Mobility - Will the Courts Permit Relocation?, Fathers Are Capable Too
  • Custody and Access, Fathers Are Capable Too
  • Custody and Access Assessments, Fathers Are Capable Too
  • Introduction to the Child Support Guidelines, Fathers Are Capable Too
  • Undue Hardship under the Child Support Guidelines, Fathers Are Capable Too
  • Recommendations of the Senate Commons Joint Committee on Custody and Access, Fathers Are Capable Too
  • The Language of Custody: Terminology, Trends and the Canadian Experience, Canadian Bar Association
  • Gender Bias and Family Law: Where are We?, Canadian Bar Association, 2000

Honors and Awards

  • FDRIO Member of the Month, 2018

Professional Associations and Memberships

  • Canadian Bar Association, Member, 1979 - Present
  • American Bar Association, Associate Member, 1990 - Present
  • Official Guardian's Child Representation Panel, Member, 1980 - 1988
  • Balmoral Homeowners Association, 1st President and Board Member, 1990 - 2017
  • Lawyers for Shared Parenting, Founding and Active Member

Past Employment Positions

  • Colin Rayner, Hamilton, Ontario, Solicitor, 1979 - 1980
  • Rayner, Oliver & Colman, Hamilton, Partner, 1980 - 1982
  • Hamilton, Sole Practitioner, 1982 - 1988
  • Teplitsky, Colson, Toronto & Brampton, Associate, 1988 - 1990
  • Colman, Greenwood & Posen, Toronto, Senior Partner, 1990 - 1995

Pro Bono Activities

  • Canadian Equal Parenting Council, Board of Directors, Founding Member, Former Sec-Treas and Ex Officio Advisor, 2004 - Present