Author Archives: Hilary Linton

(Evans v Evans, 2023 ONSC 3919 CanlII)   A recent decision of Justice Lene Madsen highlights many of the issues addressed daily by family mediators, arbitrators and parenting coordinators, and also confirms that the courts have no jurisdiction to order parenting coordination in Ontario. Here is a summary of the decision: It is a 159 paragraph decision resulting from a …
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Mediation-arbitration is a great process option for many, especially with the current backlogs in court. We can move a case forward or manage a case efficiently so that the matter is dealt with in a legally appropriate manner. But it is not the right choice for everyone, and that is why we meet each party first to assess suitability. There …
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Some separating couples are worried that mediation will just be a waste of time, money and energy. This is an understandable concern. It is why we meet each party first, in confidence, to assess whether the matter is suitable for mediation. There may be reasons why mediation is premature, like the emotions are too fresh, disclosure is not complete, or …
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A little-known relatively-new Family Law Rule offers litigants a great opportunity to save time and money. Under Rule 17 (7.1), litigants will be able to skip a case conference if they have attended mediation and met the other requirements of the Rule. Here is what you need to know! The parties will need to tried to resolve their issues with …
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The recent decision of Davies J. in Lange v Lange & Tait (2022 ONSC 6412) is a good example of how child-focused mediation can help parents resolve disputes in the best interests of the children. Ms. Lange and Mr. Tait had a child together as a result of a brief relationship. By the time the child was born, Ms. Lange …
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A recent decision by Shore, J., in Czyzewski v Fabro (2022 ONSC 4883) is a helpful guide for family mediators and arbitrators when helping parents determine the best interests of a very young child. The case is about a father with relatively limited parenting time seeking a week-about parenting schedule. The father was unable to accommodate a different time-sharing arrangement …
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Screening for power imbalances and family violence is mandated by Regulation 134/07 under the Arbitration Act. That Regulation requires family arbitrators, including parenting coordinators, to certify that they have screened both parents separately for power imbalances and family violence before they conduct any arbitrations and also throughout their retainer. Lawyers, parents, judges, and even some PCs are not always aware that …
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A recent Alberta Court of Appeal decision has confirmed that a court cannot order parents to retain a parenting coordinator. In SSG and SKG (2022 ABCA 379 CanLII) the trial judge had, after a lengthy trial, ordered the parents to “retain a parenting coordinator with arbitration powers to resolve day-to-day conflict that may arise related to the detailed parenting plan …
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