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Approximately 280 pages
1 volume bound

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Family Law Litigation Handbook (Ontario), 2nd Edition
By: Gary S. Joseph, LL.B., LL.M., C.S., Stephen Kirby, MacDonald & Partners LLP
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This concise and practical pocket manual provides portable guidance for quick consultation and reference for Ontario family law litigators, clerks and law students, while in court, client meetings, classrooms, libraries and the office.

New in this edition

This edition includes expanded discussion on the topics of disclosure, motions for summary judgment, experts and costs.

Recent decisions considered include the following:

  • The Ontario Court of Appeal emphasized the central importance of financial disclosure in family litigation - Roberts v. Roberts (2015 Ont. C.A.)
  • The Ontario Court of Appeal concluded that draft reports are not automatically discoverable and provided guidance relating to disclosure and expert evidence - Moore v. Getahun (2015 Ont. C.A.; leave to appeal refused (S.C.C.))
  • Justice Benotto stated that she supported the Superior Court’s approach in Mayfield and suggested that critique reports should rarely be admitted and should be given very little weight even if they are admitted - M. v. F. (2015 Ont. C.A.)
  • The Court of Appeal distinguished experts, who they labelled “participant experts,” from “litigation experts,” who were retained only for purpose of providing evidence in the litigation - Westerhof v. Gee Estate (2015 Ont. C.A.; leave to appeal refused (S.C.C.)

 "... the book is easy to navigate with a table of contents, table of cases, and index. This book is recommended for practicing family lawyers and law students enrolled in a practicum course in family court."

From the book review by Joanna Kozakiewicz, Manager, Library Reference Services, Osler, Hoskin & Harcourt LLP, 2018 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 43, No. 1

About the Author

Gary S. Joseph is a partner at MacDonald and Partners in Toronto. He is a certified specialist in family law with an LL.M. in constitutional law. He was called to the bar in Ontario in 1978, and is also a member of the Alberta bar. Mr. Joseph has extensive trial and appellate experience at all levels of the courts in Ontario and Alberta. He lectures frequently in family law, has been an instructor in family law for the Bar Admission course, and has published many articles on family law. He was a founding lecturer for the Family Information Session program of the Superior Court of Justice and was recognized by the Chief Justice for his efforts in this regard. Mr. Joseph is the author of Handling a Family Law Matter in Ontario, and a co-author of many other publications by Thomson Reuters.

Stephen Kirby is an associate at MacDonald & Partners LLP, where he practices exclusively in the area of family law.  Before joining MacDonald & Partners LLP in 2016, he graduated magna cum laude from the Dual J.D. program offered by the University of Windsor and the University of Detroit Mercy and articled as a judicial law clerk with the Superior Court of Justice, where he was involved in all areas of litigation.  He regularly appears at the Ontario Court of Justice and Ontario Superior Court of Justice and contributes to legal publications and continuing education programs.

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