Product details

Practice area: 
Family law
Jurisdiction: 
General
Publication date: 
2021-09-28

Annual Review of Family Law 2020-2021, Print and ProView

Availability: Partial Stock

Annual Review of Family Law 2020 to 2021 is the everyday reference of choice for thousands of busy family law practitioners.

Packed with concise, forthright analyses of the cases that have shaped the law in the last year, it's the first place you'll turn to when researching an issue, drafting an agreement, framing an argument, or tracking the latest legislative developments. Annual Review of Family Law covers select topics of interest for family law practitioners, such as:

Children's law — decision-making responsibility, contact order, parenting order, parenting time, variation, assessments, and enforcement

Child support — standing, entitlement, the guidelines, enforcement, appeals, jurisdiction, and costs

Spousal support standing — entitlement, duration, quantum, variation, appeals, costs, and enforcement

Family property — division, deductions and inclusions, equalization, matrimonial home, and appeals

Domestic contracts — effect, validity, enforcement, interpretation, and income tax


New in this Edition:

Children's Law: After a postponement of the coming into force of changes to the Divorce Act as a result of the COVID-19 pandemic, the long-awaited changes to the Divorce Act with respect to parenting issues came into effect across Canada on March 1, 2021. Some of the most important new concepts include:

Best interests' criterion: The amendments set out specific factors that the court must consider when deciding the child’s best interests to inform the main considerations of the child's physical, emotional and psychological safety and wellbeing.

Terminology: Replacing the traditional custody and access designations, the amendments include the following terms: "decision-making responsibility", "contact order", "parenting order" and "parenting time."

Definition of relocation: The amendment defines "relocation" as a move that is likely to have a significant impact on the child's relationship with someone who has (or is applying for) parenting time, decision-making responsibility or contact.

Relocation procedure: Before engaging in the formal Court process, and before relocating themselves or the child a parent, or anyone who has parenting time, decision-making responsibilities or contact with the child, must provide notice to anyone who has parenting time, decision-making responsibilities or contact with the child at least 60 days in advance of the relocation by completing a form that is prescribed by the regulations.

Relocation burden of proof: A new section sets up applicable burden of proof based on the legal and factual circumstances.

Change in place of residence: The new provisions differentiate between a change of residence and relocation and require different notices and procedure.

Family violence: A new section defines "family violence" in the context of the best interests of the child, taking into consideration the many forms that family violence can take and the significant harm that it can do to both victims and witnesses.

Duties of the parties, legal advisors and the court: Provisions in the amendments seek to encourage couples to explore reconciliation and/or to engage in a family dispute resolution process to resolve differences outside of the traditional court process. However, the legislation also requires us to be ever vigilant in the consideration of evidence that spouses or children have been victims or witnesses of family violence. In that respect, we need to learn more about trauma and its long-lasting impact on those who suffer from it.

Child Support: In MacDonald v Brodoff, 2020 ABCA 246 (ABCA), the Alberta Court of Appeal was required to determine whether in the analysis relating to child support under s.9 of the Guidelines as to whether the test for imputation of income outlined in the Alberta Court of Appeal's decision in Hunt v Smolis-Hunt, 2001 ABCA 229, applies to the determination of child support under s.9 of the Guidelines and, if so, at what stage are those principles to be considered.

Spousal Support: The Ontario Court of Appeal recognizes the potential for a new tort of conspiracy in family law. In Leitch v Novac, 2020 CarswellOnt 5201 (OntCA). The Court, disagreeing with the motion's judge’s analysis, concluded that the motion's judge ought not to have rejected the availability of the tort of conspiracy in the family law context. The appellate court concluded that the motion's judge was wrong to assume that all claims in family law should be determined under the existing legislation and that litigants are not free to pursue other claims based on established common law principles.

Family Property: In circumstances where the appellate court allows the appeal on certain defined issues and sends the matter back to the trial court for a recalculation of the net family properties of the parties the court is likely to also require the trial judge to revisit the issue of costs.

Domestic Contracts: In Peerenboom v Peerenboom, 2020 ONCA 240, the Ontario Court of Appeal dismissed the husband’s appeal from an order that initially rejected the husband's position that the matrimonial home was excluded from inclusion in the parties' net family property by a domestic contract. The appellate court held that the trial judge's conclusion that the interpretation of the domestic contract was that the matrimonial home was not excluded property pursuant to the agreement was justified taking into consideration the principles of contract interpretation in cases listed in paragraph 61.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. The Thomson Reuters ProView web-based application is accessed via your browser. With the new ProView web app, offline capability is now available from your browser. The web application has a responsive design and is compatible with desktop, laptop and mobile devices.

Annual Review of Family Law 2020-2021, Print and ProView

Availability: Partial Stock

Description

Annual Review of Family Law 2020 to 2021 is the everyday reference of choice for thousands of busy family law practitioners.

Packed with concise, forthright analyses of the cases that have shaped the law in the last year, it's the first place you'll turn to when researching an issue, drafting an agreement, framing an argument, or tracking the latest legislative developments. Annual Review of Family Law covers select topics of interest for family law practitioners, such as:

Children's law — decision-making responsibility, contact order, parenting order, parenting time, variation, assessments, and enforcement

Child support — standing, entitlement, the guidelines, enforcement, appeals, jurisdiction, and costs

Spousal support standing — entitlement, duration, quantum, variation, appeals, costs, and enforcement

Family property — division, deductions and inclusions, equalization, matrimonial home, and appeals

Domestic contracts — effect, validity, enforcement, interpretation, and income tax


New in this Edition:

Children's Law: After a postponement of the coming into force of changes to the Divorce Act as a result of the COVID-19 pandemic, the long-awaited changes to the Divorce Act with respect to parenting issues came into effect across Canada on March 1, 2021. Some of the most important new concepts include:

Best interests' criterion: The amendments set out specific factors that the court must consider when deciding the child’s best interests to inform the main considerations of the child's physical, emotional and psychological safety and wellbeing.

Terminology: Replacing the traditional custody and access designations, the amendments include the following terms: "decision-making responsibility", "contact order", "parenting order" and "parenting time."

Definition of relocation: The amendment defines "relocation" as a move that is likely to have a significant impact on the child's relationship with someone who has (or is applying for) parenting time, decision-making responsibility or contact.

Relocation procedure: Before engaging in the formal Court process, and before relocating themselves or the child a parent, or anyone who has parenting time, decision-making responsibilities or contact with the child, must provide notice to anyone who has parenting time, decision-making responsibilities or contact with the child at least 60 days in advance of the relocation by completing a form that is prescribed by the regulations.

Relocation burden of proof: A new section sets up applicable burden of proof based on the legal and factual circumstances.

Change in place of residence: The new provisions differentiate between a change of residence and relocation and require different notices and procedure.

Family violence: A new section defines "family violence" in the context of the best interests of the child, taking into consideration the many forms that family violence can take and the significant harm that it can do to both victims and witnesses.

Duties of the parties, legal advisors and the court: Provisions in the amendments seek to encourage couples to explore reconciliation and/or to engage in a family dispute resolution process to resolve differences outside of the traditional court process. However, the legislation also requires us to be ever vigilant in the consideration of evidence that spouses or children have been victims or witnesses of family violence. In that respect, we need to learn more about trauma and its long-lasting impact on those who suffer from it.

Child Support: In MacDonald v Brodoff, 2020 ABCA 246 (ABCA), the Alberta Court of Appeal was required to determine whether in the analysis relating to child support under s.9 of the Guidelines as to whether the test for imputation of income outlined in the Alberta Court of Appeal's decision in Hunt v Smolis-Hunt, 2001 ABCA 229, applies to the determination of child support under s.9 of the Guidelines and, if so, at what stage are those principles to be considered.

Spousal Support: The Ontario Court of Appeal recognizes the potential for a new tort of conspiracy in family law. In Leitch v Novac, 2020 CarswellOnt 5201 (OntCA). The Court, disagreeing with the motion's judge’s analysis, concluded that the motion's judge ought not to have rejected the availability of the tort of conspiracy in the family law context. The appellate court concluded that the motion's judge was wrong to assume that all claims in family law should be determined under the existing legislation and that litigants are not free to pursue other claims based on established common law principles.

Family Property: In circumstances where the appellate court allows the appeal on certain defined issues and sends the matter back to the trial court for a recalculation of the net family properties of the parties the court is likely to also require the trial judge to revisit the issue of costs.

Domestic Contracts: In Peerenboom v Peerenboom, 2020 ONCA 240, the Ontario Court of Appeal dismissed the husband’s appeal from an order that initially rejected the husband's position that the matrimonial home was excluded from inclusion in the parties' net family property by a domestic contract. The appellate court held that the trial judge's conclusion that the interpretation of the domestic contract was that the matrimonial home was not excluded property pursuant to the agreement was justified taking into consideration the principles of contract interpretation in cases listed in paragraph 61.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. The Thomson Reuters ProView web-based application is accessed via your browser. With the new ProView web app, offline capability is now available from your browser. The web application has a responsive design and is compatible with desktop, laptop and mobile devices.