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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
ISBN/ISSN/Product Number: 978-0-7798-8011-9
Product Type: Book
Number of Pages: Approximately 280 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2017-06-28
Publisher: Carswell
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$119.00
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Description

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.)
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 a co-author of Handling a Family Law Matter in Ontario.

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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