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By Thomas J. MacLennan

Navigating the complexities of family law can be extremely emotionally challenging. It is also one of the most legally intricate experiences of your life. Whether you’re dealing with divorce, child custody, spousal support, or property division, these decisions can impact your future. They can have long-term effects on your life. They can also affect the well-being of your loved ones. It is tempting to handle these matters on your own. You can also opt for a less experienced lawyer to save costs. Yet, hiring an experienced family law lawyer in Ontario can offer invaluable benefits. These benefits far outweigh the investment. Here’s why:

1. In-Depth-Knowledge of Ontario Family Law

Family law in Ontario is governed by a complex web of statutes, case law, and procedural rules. An experienced family law lawyer deeply understands the Family Law Act. They are knowledgeable about the Divorce Act and other relevant legislation. They stay up-to-date with changes in the law and know how to apply it to your unique situation. This skill ensures that your rights are protected and that you get the best possible outcome.

2. Personalized Legal Strategy

Every family law case is unique, and there is no one-size-fits-all solution. An experienced lawyer will take the time to understand your specific circumstances, goals, and concerns. They will craft a tailored legal strategy that aligns with your needs. This strategy is effective whether you’re seeking an amicable resolution through negotiation or preparing for a contentious court battle.

3. Protection of Your Rights and Interests

Family law matters often involve high stakes. Issues like parenting and the division of significant assets can be complex. The payment or receipt of support also presents challenges. An experienced lawyer will ensure that your rights are upheld and that you are treated fairly throughout the process. They will advocate fiercely on your behalf, whether in mediation, arbitration, or court.

4. Guidance Through Emotional Challenges

Family law disputes are inherently emotional. It can be difficult to make clear-headed decisions when you’re dealing with the stress of a separation or divorce. An experienced family law lawyer acts as a steady guide. They give unbiased advice. This helps you avoid impulsive decisions that harm your case. They offer reassurance and clarity during a time of uncertainty.

5. Efficient Resolution of Your Case

Family law matters can drag on for months or even years if not handled properly. An experienced lawyer knows how to navigate the legal system efficiently, avoiding unnecessary delays and procedural missteps. They can help you explore other dispute-resolution techniques. These include mediation or collaborative law. This approach can save time, money, and emotional energy.

6. Strong Negotiation Skills

Many family law cases are resolved outside of court through negotiation. An experienced lawyer is a skilled negotiator who can advocate for your interests while maintaining a professional and respectful tone. They know how to achieve a fair settlement that meets your needs without escalating conflict.

7. Courtroom Experience

If your case does go to court, having an experienced litigator by your side is crucial. They understand courtroom procedures, know how to show evidence effectively, and can foresee and counter opposing arguments. Their experience can make a significant difference in the outcome of your case.

8. Access to a Network of Experts

Family law cases often need feedback from other professionals, like financial experts, appraisers, or child psychologists. An experienced family law lawyer has a network of trusted experts. They can call upon these professionals to strengthen your case. These experts offer valuable insights.

9. Cost-Effective in the Long Run

Hiring an experienced lawyer seems like a significant expense upfront. Still, it can save you money in the long run. They can help you avoid costly mistakes. They make sure that support payments and property divisions are calculated correctly. They also prevent unnecessary litigation. Their skill can lead to a more efficient and favorable resolution.

10. Peace of Mind

The most significant advantage of hiring an experienced family law lawyer is the peace of mind. You know your case is in capable hands. You can focus on rebuilding your life and caring for your family while your lawyer handles the legal complexities.

Final Thoughts

Family law matters are too important to leave to chance. By hiring an experienced family law lawyer in Ontario, you gain a trusted advocate. This advocate will fight for your rights. They will protect your interests. They will guide you through one of the most challenging times of your life. At [Your Law Firm’s Name], we are committed to providing compassionate, knowledgeable, and effective legal representation to families across Ontario. If you’re facing a family law issue, don’t hesitate to reach out. Let us help you navigate the path ahead with confidence and clarity.

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By Thomas J. MacLennan

Married spouses share in any increase in the value of family property between the date of marriage and the date of separation.  When the marriage ends, the spouse with the lower Net Family Property receives a payment for one-half the difference in the two.  That means an equalization payment.
The debt that a spouse brings into the marriage will impact on the spouse’s equalization entitlement.
What happens when the face amount of the debt is greater than its “real value”?  Should a court reduce the face amount of the debt to reflect the likelihood that it will remain unpaid?  The Ontario Court of Appeal was recently confronted with that issue for a debt owing on the date of marriage.
In the case of Zavarella v. Zavarella, the Court of Appeal discounted the wife’s date of marriage debt to zero.  The wife owed about $60,000.00 on the date of marriage.  She had made an assignment into bankruptcy a few weeks before the date of marriage.  Under the Bankruptcy and Insolvency Act, the debt remained owing until the wife’s discharge from bankruptcy.  Given the wife’s assignment into bankruptcy just before the marriage, there was no prospect of payment of the debt.  The Court discounted the debt to zero and remove a county Court Judgement.
The Zavarella case is consistent with the Court’s approach of discounting of family debts based on likelihood of repayment.  In the past, the Court of Appeal has discounted debts owed to family members because they are not likely to enforce them.  The Court has also allowed parties to discount assets based on the contingent costs of realizing the asset.  The court has allowed parties’ to reduce the value of those assets by the anticipated legal fees on the date of separation.

In navigating such legal intricacies, it becomes crucial to enlist the support of experts in the field. Engaging the services of the best private investigator UK can provide valuable insights into the circumstances surrounding familial debts and asset valuations. A prospective approach, rather than hindsight, remains fundamental in evaluating these complex matters within the legal framework. Furthermore, when suspicions of marital discord arise, infidelity investigations can offer additional clarity and understanding.

 

 

 

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By Thomas J. MacLennan

I was recently  involved in a case where the court awarded costs for “unbundled legal services” to a self-represented litigant.  The case is Jordan v. Stewart.  The decision on the issue of costs is set out in supplementary reasons.

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After succeeding at trial, the court allowed the acting in person mother her costs of $90,000.00. That sum included  accounts from lawyers who had provided ‘unbundled legal services” of about $65,000.00 at different parts of the proceeding.

In addition to allowing all of the mother’s lawyer’s fees, the Court allowed costs for part of her preparation for trial.  Her claims for loss of income and a counsel fee for herself were not accepted by the Court.

The $90,000.00 was small compared to the father’s legal fees.  Those exceeded $400,000.00.

The  case took almost two weeks of trial followed by a full day costs hearing.  The trial was a David and Goliath battle, featuring a self-represented mother up against a team of 3 lawyers and a law clerk.

Both parties claimed to be the successful party.  After a full day of argument the Court delivered supplementary written reasons finding the mother was the successful party.  The presiding judge said he would have awarded the mother costs even if she had not been the successful party.  The Court found the father was motivated by a desire to do harm the mother and the child in spending vast sums of money well in excess of the economic benefit to him. In such contentious cases, seeking guidance from a skilled medical malpractice lawyer in Michigan can be crucial to navigate the complexities and ensure fair resolution. Those who were injured in a bike accident should consider hiring a Boston, MA bicycle accident attorney to help them file a claim.

Justice Czutrin accepted the mother’s claim for the costs of obtaining legal services for part of the case, known as “unbundled legal services” and directed that she receive costs sufficient to pay her lawyers’ accounts.

Justice Czutrin noted my involvement as follows:

“Mr. MacLennan also prepared a Bill of Costs for work he did for the mother from September 7, 2012 to April 3, 2013 totaling $15,520.56. The description of his services includes trial preparation, discussion of issues that arose during the hearing before me, and discussions .. raised by father’s counsel.”

The decision is significant given recent changes to the Law Society’s by-laws allowing lawyers to provide legal services for part of proceedings.

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By Thomas J. MacLennan

I recently came across a study about the impact of the recession on family life, The State of our Unions, Marriage in America 2009: Money and Marriage. The study was released by the University of Virginia (click here for a PDF file).

The author of the stufy suggests that economic stress has made American marriages slightly more stable overall, as couples develop a “new appreciation for the economic and social support that marriage can provide in tough times”. Is this a nice way of saying that people are staying together for their creditors? How much fun can that be?

Having suggested that the recession might not be so devastating to American families, the study nonetheless expresses concern that the recession’s job losses have been heavily concentrated among working class men, who may not be equipped to make a smooth adjustment to playing stay-at-home dads while their wives support the family. So perhaps things aren’t so rosy for American families, after all.

Furthermore, although divorce rates in the U.S. are down slightly, the decrease can be explained by falling marriage rates. This is consistent with a trend we have seen in Canada over the past couple of decades away from marriage to cohabitation. Unfortunately, Canadian social studies suggest that families without the benefit of marriage and its commitment are at higher risk for separation.

The reality is that a financial stress like a recession places all families at risk.

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Thomas J. MacLennan brings a sense of calm and rationality to challenging legal issues. Contact The Law Office of Thomas J. MacLennan through our online form or call 416-591-1354 to arrange a consultation.





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