Can a divorce ever be easy?
An "easy" divorce can be an attractive scenario if you are eager to end your marriage and move forward. However, it is a legal process and a major life event, so it may not necessarily be as easy as you would like. That…
Can my spouse end our marriage without me?
Deciding to divorce is not something spouses always do together. Often, one person decides to divorce, and the other person eventually consents, or at least comes to terms with it. However, there are also situations where the other person does not accept the…
Fairness in a Divorce Settlement – What is ‘fair’ when it comes to your divorce?
There may be a lot about a separation or divorce that feels unfair, from the way your ex may be treating you to having to leave your home. But when it comes to fairness in a divorce settlement, common law break-up, parenting agreements,…
How might the legal system work against you during divorce?
Several aspects of a divorce can feel unfair to individuals navigating the process. For instance, they might think it’s unfair that they must pay spousal support or divide time with their child. But arguing against the law as it exists is a fool's…
PROCEDURAL FAIRNESS: ONTARIO APPEAL COURT MUDDIES THE WATERS
Procedural Fairness v. Procedural Anarchy: The Ontario Court of Appeal in Frick v. Frick 2016 ONCA 799 has attempted to promote procedural fairness. While partially successful in that endeavour, the court has unfortunately encouraged procedural anarchy. Economic factors leads wife to amend her…
PROCEDURAL FAIRNESS – PRESSURE MOUNTING TO ABOLISH TRIALS
Procedural Fairness is crucial for an effective judicial system. And it's not just an issue of 'fairness' to parents; rather, to protect the most vulnerable in society - children - there need to be solid safeguards in our family law system to preserve…
CASE CONFERENCES AND PROCEDURAL FAIRNESS
Justice George Czutrin rendered an important appeal decision (from a judge of the Ontario Court of Justice) on 20 June 2013: B. (A.) v. A. (N.L.) Justice Czutrin's decision adopted the principles of procedural fairness that Gene C. Colman had advanced years earlier…
