Law Times

Page 4 January 28, 2013 Law Times • NEWS New rules reflect shift to arbitration in family law BY BREANNE NICHOLSON For Law Times A new set of changes to Ontario's Family Law Rules may shift the way Canadians conduct their legal affairs in that area, lawyers say. Effective Jan. 1, the new rules include several changes to the arbitration process. The aim is to speed up the resolution of family law disputes through arbitration and make that option more convenient. According to family litigator Gary Joseph, the new rules are not only "technical adjustments" to the family court process but also reflect a "growing trend" in how people "resolve family law disputes in the province of Ontario." Some of the notable changes include providing speedier solutions for litigants in the private arbitration system to obtain a final order; introducing simplified procedures for people seeking enforcement of a family arbitration award; and clarifying the rules for appeals related to family arbitrations. In addition, new court forms are now available for 'What is clear from these amendments is the growing presence of family law arbitration as the method of choice of resolution of disputed family law matters,' says Gary Joseph. enforcement of arbitration awards and related disputes. "What is clear from these amendments is the growing presence of family law arbitration as the method of choice of resolution of disputed family law matters," says Joseph. "Those that can afford it will choose arbitration, a process that offers expediency, privacy, and convenience." In the public court system, family law disputes have developed a reputation for being long and time-consuming. Private family issues often become public through online rulings while spousal disputes can prolong the process. According to family litigator Georgialee Lang, online court documents that air a couple's "dirty laundry" are a "real breach of privacy." She believes "many people would prefer that their financial details and the details of their marriage breakdown not be available to the public." As an arbitrator, Lang says that from her experience, the public court system can take up to six months for a decision while arbitration awards can take as little as 30 to 45 days. "I think that it's something that's going to be very popular," says Lang. But Ontario isn't the only province that has picked up on the trend. Just last year, British Columbia announced changes to the Family Relations Act that introduced new policies for arbitration procedures. According to Lang, the change is "a sign that B.C's COMING TO www.canadianlawyermag.com/ Canadian-Lawyer-TV/InHouse-videos.html Canada's leading CLOs explore their challenges for the year ahead Alaine Grand, AstraZeneca January 28 Mirko Bibic, BCE February 18 Daniel Marion, Anna Fung, Thales Canada Inc. February 4 TimberWest Forest Corp. February 25 Geoff Creighton, Jane Fedoretz, IGM Financial Inc. February 11 VIEW 2013 BlakesView_LT_Jan21_13.indd 1 CEDA International March 4 BROUGHT TO YOU BY attorney general's ministry has realized that family law courts are the worst place for couples to resolve their divorce issues." The new policies come at a time when, according to Lang, the Canadian court system is in "chaos" in the area of family law. "In family law cases, things need to be resolved, particularly when the issues are very personal to the parties. People's daily lives are affected and when they can't get decisions quickly, that's a huge problem." Still, arbitration does come with a price tag. As a result, Joseph predicts the new rules will create a "two-tier" legal system for resolving family law disputes. "I'm fine with those that choose a second system but I don't like the choice being forced upon individuals because the court system doesn't meet their needs," he says. "I would prefer to see the resources being trained on improving the court system and thereby increasing the choice of everybody as to how they want to resolve their family law dispute." LT OBA injects fun into Institute 2013 BY MICHAEL McKIERNAN Law Times E xtracurricular activities will get a boost at this year's Ontario Bar Association Institute, according to organizers. Institute 2013 runs from Feb. 7-8 at the Westin Harbour Castle in downtown Toronto. A third day devoted to criminal law practitioners follows on Feb. 9 at the OBA Conference Centre in the city. And while the event has become a popular venue for those in search of early continuing professional development credits — 24 of the OBA's 37 practice groups are sponsoring their own sessions — Ottawa lawyer Martin Masse says there's much more to it than the educational component. "A big focus for us is to link the CPD and the legal education parts with a lot of receptions and networking opportunities," says Masse, the McMillan LLP partner who co-chairs the OBA's six-person organizing committee. "We're really trying to continue the work of making this into a full-fledged conference. . . . Our goal is for people from within and outside of Toronto to come and spend two days here rather than come in for a specific CPD program." The registration fee this year covers several special events, including networking breakfasts and lunches as well as the keynote address given by standup comedian Sean Carter. The Harvard Law graduate's "Lawpsided" seminars focus on the everyday dilemmas faced by lawyers. They touch on topics such as legal ethics, stress management, substance abuse, and legal marketing. Despite the renewed focus on fun, the conference is still "first and foremost a legal education forum," says Masse. And he expects many lawyers to satisfy the Law Society of Upper Canada's annual 12-hour continuing professional development requirement during the three-day event. Organizers have taken special care to space out sessions containing precious professionalism credits. The law society mandates that at least three of the 12 hours involve topics related to professional responsibility, ethics or practice management. "There's a nice mix of some general topics that, even though they are being put on by specific sections, have got a broad appeal in the sense that the skills they are teaching could run across a whole bunch of areas," says Masse, who's hoping to combine his organizing duties with some continuing professional development of his own. "We'll see how it goes," he says jokingly. Almost 1,600 lawyers registered for the event over its three days in 2012 and comparing signups with the same time last year, Masse says the event is on course to surpass that number at the 2013 event. Participants from outside Toronto looking for an extra incentive to travel can take advantage of a 25-per-cent discount on programming as long as they've travelled more than 100 kilometres to attend. LT Keep up-to-date on the latest judicial developments by reading Law Times CaseLaw on pages 13-15 www.lawtimesnews.com 13-01-18 10:49 AM

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