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.)