St. Thomas Divorce & Family Law Blog

The Point Having an emotional connection with the pet is not enough to establish ownership.  A Dog and Two Lawyers Two years ago, a decision came out that decided who got the dog in a separation. I find it interesting because of how the dispute started and that fact that there was only one dog but two people arguing over it.  In a previous post, I wrote about a case that had two dogs in dispute during a separation, and each partner ended up receiving one dog each. The judge seemed to take a broad approach to deciding. There is also an intuitive dimension where it's easier to say, 'Keep one each and call it a day.' But in the case I'm about to introduce, the dog could not be split two ways and it appears that the classic way of finding out who owns something was used by the judge to decide who got to keep the dog. The classic way is finding out who is the registered owner (or, who is on title).  In this case , the dog was a Boxer named Layla.  Photo credit: IslandHopp...

Courts that Have Tried Binding Judicial Dispute Resolution On May 14, 2021, a pilot was started to test whether a new type of dispute resolution would help people in a family law court dispute, while at the same time clearing the backlog in the courts. Binding Judicial Dispute Resolution (Binding JDR) was started in Simcoe and Muskoka. In March 2022,  it was extended to Peterborough, Lindsay and Cobourg. It has also since been extended to Kitchener-Waterloo. In the pilot, both sides had to voluntarily agree to take this path toward a settlement or judicial decision in their case - instead of following the regular procedure. Binding JDR is a hybrid animal with certain features of a settlement conference and elements of a trial. Photo credit: Sora Shimazaki What is a Settlement Conference? To recap my previous post , a settlement conference is an informal hearing that allows both sides to get an opinion from a judge as to how he or she would decide the case if it were at trial. ...

Binding Judicial Dispute Resolution Recently, I attended an opening of the courts ceremony in London where judges of the Ontario Court of Justice and the Superior Court of Justice were speaking. The local administrative judge for London updated the audience and said that the London family court branch would soon begin piloting an innovative way to move certain cases toward resolution.  Photo credit: Tyler Lastovich It’s called binding judicial dispute resolution (Binding JDR). It promises to be a helpful option for the right type of case to help move things along and clear up the backlog.  So far, what I know is that Binding JDR combines elements of a settlement conference and elements of a trial. The process is pursued in the courts with a judge that hears the settlement conference, and this same judge would be the one who hears the modified trial.  I wrote about settlement conferences in a previous post. This project has been tried with success in other regions in...

The Family Law Court Process: Step 3 - The Reply A possible third step in the family law or divorce court process is the Reply. I say it's possible because a Reply is made only when the responding person makes an Answer that raises new claims. In that case, the applicant can 'reply' to only the new claims or issues. Similar to the application and the answer, the Reply will set out the applicant's response to the new issue(s) raised by the respondent. But if the responding person does not raise new issues in his or her Answer, the applicant does not make a Reply. A Reply can be lengthy and your family law lawyer will write the response with your input. The costs associated with making a Reply are approximately the same as the other main documents -- estimated $3,500 to $5,000 plus tax -- depending on the length of the response and the complexity of gathering information needed to respond to the new claims. Photo credit: Olya Harytovich A Reply can be made only by the app...

Choose the Right Lawyer for You A time will probably come when you will need or should consult with a family law / divorce lawyer. It could be as you look ahead at the start of a relationship to ensure that your plans for your property will come to fruition. Or something just happened in your relationship and you need some immediate advice and help to understand what your options are and what to do next. Family law involves different legal areas rolled up into one practice that can serve you and your family for years. Many people are intimidated by lawyers and searching for one because the terminology is different from what they're used to. They may also see it as being too expensive for them. But it doesn't have to be, and the money that you do spend on a consultation is generally well worth it if you've screened your candidates well.  At the end of the day, your ability to pay and the lawyer's rates are an important part of your decision making. Part...