Law Times

PAGE 4 NEWS OcTOber 24, 2011 • Law Times Delay in family law case 'extreme and rare' Concerns raised over woman's 12-year wait for custody decision BY KENDYL SEBESTA Law Times D espite concerns about re- cent cases, extreme delays in family law matters and re- serve judgments are very rare, say Ontario lawyers. "Th ere are diff erent levels of delays within family law," says Toronto family law specialist Steven Benmor. "For example, if you separated from your spouse today, right away there would be a 30- to 60-day de- lay as you begin the process of fi ling and submitting certain forms. For child support, there is also another 30- to 60-day delay. At the same time, the other spouse has a right to is- sue their response within 30 to 60 days as well. So you end up looking at, the very least, a 30-day to 120-day front-end delay, and you still haven't seen a judge." Benmor notes other factors, such as delays on the part of a spouse for selfi sh reasons, also contribute to problems. Th is doesn't just happen in family law, however. Benmor notes delays occur in civil liti- gation and other types of law as well. ANNOUNCEMENT "I don't want to make it sound like the courts or judges are to blame for all delays," says Benmor, who gives the exam- ple of a criminal accused who uses delay tactics in the hopes the court will eventually thow out a case. A provincial database was cre- ated in 2004 to help collect case data and track matters, says Jane Warwick, executive assistant to Chief Justice Annemarie Bonkalo of the Ontario Court of Justice. Th en in 2009, the offi ce of the chief justice also created a system to monitor reserve judgments in family matters. However, lawyers say they've yet to hear of them and note judges ulti- mately retain the power over when their decisions are released. Th is often leaves lawyers with little recourse in de- layed rulings. "Th e judge could release their decision in a week or a month or even a year in some cas- es," says Benmor. "It's really up to them. At the same time, lawyers don't want to really nag the person who is holding all the cards." According to Statistics Can- release of a deci- sion involving the custody ar- rangements for her daughter. According to a 'Waiting 12 years isn't the norm,' says Steven Benmor. report last week in the Toronto Star, Quinn appeared before Ontario courts more than a decade ago to answer questions surrounding Christmas access for her daughter, requests from her spouse, and issues THE PARTNERS OF MILLER THOMSON ARE PLEASED TO WELCOME JEFFREY LEM TO OUR TORONTO/MARKHAM OFFICE Jeffrey is a S senior Real Estate Partner in the Toronto/Markham office, with more than 20 years of expertise in a broad range of sophisticated real estate matters. Jeffrey has been certified as a Specialist in Real Estate Law by the Law Society of Upper Canada, is a recipient of the Ontario Bar Association's Award of Excellence in Real Estate, and has been recognized in Lexpert, Chambers, the International Who's Who of Business Lawyers, American Lawyer and Best Lawyers in Canada in the area of real estate law. Added experience. Added clarity. Added value. ada, more than 200,000 cases involving divorce and child custody issues entered provin- cial court systems in 2009 and 2010. Half of those cases were active for at least a year with the most commonly delayed mat- ters involving child support. In comparison, cases dealing only with custody were generally found to have been in court for less than a year. Child support cases can take longer because clients often bring the matter back to court to make changes in the agree- ment, according to Statistics Canada. Th ese and other fac- tors, such as a combination of diff erent types of family law is- sues for a particular client, can also aff ect the length of time a judgment takes. Th e issue of delayed cases and judgments came to light last week following reports that Christine Quinn had been waiting 12 years for the involving the couple's divorce. Th en in 1999, now-retired justice Douglas Bean of the Ontario Court of Justice re- served his decision on the cus- tody issue, a move that gave Quinn hope that she might become her daughter's cus- todial parent, according to the Star. Yet because 12 years have passed without the release of Bean's decision, Quinn's daughter is no longer consid- ered a child in the eyes of the court and the custody matter is no longer an issue. According to the Canadian Judicial Council's ethical prin- ciples for judges, members of the bench "should endeavor to perform all judicial duties, including the delivery of re- served judgments, with rea- sonable promptness." How- ever, factors such as time, resources, and the burden of work can aff ect the timing, the principles note. "Waiting 12 years isn't the norm," says Benmor. "Th at's a very rare and extreme circum- stance." Miller Thomson LLP millerthomson.com VANCOUVER CALGARY EDMONTON SASKATOON REGINA LONDON KITCHENER-WATERLOO GUELPH TORONTO MARKHAM MONTRÉAL JeffreyLem_LT_Oct24_11.indd 1 11-10-20 1:56 PM With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. 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