Tuesday, October 9, 2012

Family Court Judges....Burnout


Colleagues near burnout, warns retiring judge 

Family Branch should be expanded, more judges needed in Toronto and Ottawa, says Cunningham




Family Court Judges....Burnout

Saturday, October 6, 2012

McAlister v. Gallant. 2012 ONCJ 565



The parties had lived together in a common law relationship for about two years. They had a child who was about to enter school.
Proceedings for custody had been commenced by the mother in the Ontario Court of Justice in 2009. Those proceedings were adjourned, however, so the parties could enter mediation.
In 2011, they entered into a typical mediation/arbitration agreement under which L.C. was appointed to mediate their parenting issues. If mediation was unsuccessful, L.C. would arbitrate any parenting issues that remained in dispute.
As the mediation continued, the father grew disenchanted with the process and the mediator. Ultimately, he accused L.C. of bias and refused to participate further. L.C. acknowledged his accusation and suggested that “…a referral to another arbitrator would be appropriate”.
Over the summer of 2012, a dispute arose as to where the child should attend school in the fall. The father wanted the child to continue at a Montessori school where she had attended in the 2011-2012 school term. The mother wanted to enroll the child in a public school.
L.C. declared an impasse in mediation and informed the parties that she would arbitrate the school issue. She set out specific timelines for written submissions. The mother made submissions. The father did not. Through counsel, he informed L.C. that he was going to attempt to have her removed as arbitrator. 
L.C. delivered a decision on the school placement issue on August 28, 2012, deciding that the child should be enrolled in the public school system.
The husband moved, in the existing Ontario Court of Justice application for various heads of relief:................(more)        


http://www.familylawlectures.ca/article/mcalister-v-gallant-2012-oncj-565.html