The Law Society of Upper Canada Special Lectures 2006: Family Law is of exceptional benefit to family lawyers. This area of law has changed dramatically in the past few years--the Family Law Rules came into effect, the definition of "spouse" has changed, Spousal Support Advisory Guidelines were introduced, and the Ontario Court of Appeal addressed retroactive support, shared custody, and the finality of domestic contracts.
This book explores groundbreaking developments in child support, spousal support, domestic contracts, faith-based tribunals, resulting trusts, and numerous other subjects including the Family Statute Law Amendment Act, 2006 and international convention law. The authors of the papers provide thought-provoking, yet pragmatic, observations of current issues.
This is the first Special Lectures devoted exclusively to family law since 1999.
Program Chair
Philip M. Epstein, Q.C., LSM, Epstein Cole LLP
Table of Contents
Preface
Gavin A. MacKenzie
CHAPTER 1: Overview of the Family Statute Law Amendment Act, 2006
Anne Marie Predko and John G. Gregory (Ministry of the Attorney General)
CHAPTER 2: Family Law Arbitrations: Choice and Finality Under the Amended Arbitration Act, 1991 and Family Law Act
Philip M. Epstein, Q.C., L.S.M. and Sheila R. Gibb (Epstein Cole LLP)
CHAPTER 3: Remedial Tool or Instrument of Reform: The Resulting Trust, the Family Law Act, and the Launchbury Decision
Julie K. Hannaford (Borden Ladner Gervais LLP)
CHAPTER 4: Who is a "Parent"?: "Standing in the Place of a Parent" and Section 5 of the Child Support Guidelines
Professor Nicholas Bala (Faculty of Law, Queen’s University)
CHAPTER 5: The Legacy of Miglin: Are Spousal Support Agreements Final?
Professor Carol Rogerson (Faculty of Law, University of Toronto)
CHAPTER 6: The Legacy of Miglin: A Practitioner’s Response
H. Hunter Phillips (MacKinnon & Phillips)
CHAPTER 7: Slackers, Shirkers, Career-changers: Imputing Income to the Under/Unemployed
Professor D.A. Rollie Thompson (Dalhousie Law School)
CHAPTER 8: In Search of The Consummate-Convention-Prophylactic-Provision
Jeffery Wilson and Tammy Law (Wilson Christen LLP)
CHAPTER 9: Parents as Wallets: The Obligation to Pay Child Support for Adult Children who have Withdrawn from a Parental Relationship
Philip M. Epstein, Q.C., LSM and Ilana I. Zylberman (Epstein Cole LLP)
CHAPTER 10: Deferred Compensation vs. Current Support Obligation
Aaron M. Franks (Epstein Cole LLP)
CHAPTER 11: Taxation of Deferred Compensation Arrangements
Andrew Freedman, CA IFA, CBV, ASA (Cole & Partners)
CHAPTER 12: Spousal Support: Case Scenarios and Discussion
Philip M. Epstein, Q.C., LSM (Epstein Cole LLP)
CHAPTER 13: The Future of Family Law: When You Come to a Fork in the Road, Take it!
Alfred A. Mamo (Alfred A. Mamo & Associates)
CHAPTER 14: Marriage Contracts and Cohabitation Agreements Revisited
Stephen M. Grant and Gerald P. Sadvari (McCarthy Tétrault LLP)
CHAPTER 15: Reforming Child Custody: Bill C-22, Parallel... What Might be Next?
Professor Martha Shaffer (Faculty of Law, University of Toronto)
CHAPTER 16: Parenting Coordination: The Cutting Edge of Conflict Management with Separated/Divorced Families
Linda Chodos, MSW, RSW (Social Worker)
CHAPTER 17: Risk Management and Family Law
Yvonne Bernstein (Lawyers’ Professional Indemnity Company [LawPRO])
CHAPTER 18: What Every Family Law Lawyer Should Know about Income Tax
Jonathan L. Richler (Richler and Tari)
CHAPTER 19: What Every Family Law Lawyers Should Know about Libel and Slander: Watch Your Correspondence!
Howard W. Winkler (Aird & Berlis LLP)
CHAPTER 20: What Every Family Law Lawyer Should Know about Criminal Law
Todd B. White (Greenspan, White)
CHAPTER 21: What Every Family Law Lawyer Should Know about Estates Law
M. Elena Hoffstein (Fasken Martineau DuMoulin LLP)
CHAPTER 22: Child Support: Case Scenarios and Discussion
Philip M. Epstein Q.C., LSM (Epstein Cole LLP)
APPENDIX 1: Marriage Contracts: What are the Chances Yours Will Be Set Aside?
Stephen M. Grant and Gerald P. Sadvari (McCarthy Tétrault LLP)