Katherine Cooligan, Ottawa Divorce & Family Law Specialist
100 Queen Street, Suite 1300 K1P 1J9 Ottawa, ON, Canada

Family law hits the real estate market as courts continue to take COVID-19 precautions seriously, and parents may not be able to show their home for sale. Justice Pazaratz found a fathers concerns sufficiently urgent to proceed to a hearing, on the basis that the mother was planning to move cities and place the childs primary residence up for sale. Having prospective purchasers coming to the view the house is inconsistent with social isolation measures in light of COVID-19. The Court scheduled a hearing, and further ordered the mother, without notice, on a temporary-temporary without prejudice basis, not to relocate the ordinary residence of the child outside of the city, and not to allow strangers into the residence for marketing the home for sale. http://canlii.ca/t/j63dd

What happens to parenting plans during COVID-19? None of us have ever experienced anything like this. We are all going to have to try a bit harder for the sake of our children. - Justice Pazaratz, Ribeiro v. Wright Effective March 17, 2020, the Ontario Family Courts stopped hearing all non-emergency matters, as a result of COVID-19. In the meantime, many separated and divorced parents were left trying to navigate unchartered waters, and wondering what this meant for... their parenting plan. Should schedules be followed? Should a non-primary parent have their time with the children converted to Skype access? What should happen if the child is on an equal-time schedule with both parents? The Court set up a triage system to allow a system for determining emergencies. In Ribeiro v. Wright, released on March 24, 2020, the nine-year old child resided primarily with the mother, with regular access to his father. The mother stated she was concerned that the father would not maintain social distancing. Justice Pazaratz, the triage judge, determined that the matter was not urgent, and provided the following guidance: 1. Specific evidence is required of examples of behaviour or plans by a parent that are inconsistent with COVID-10 protocols; 2. The Responding parent will need to provide absolute reassurance of compliance with public safety directives, including social distancing; 3. Both parents will have to be specific in ensuring that all proposal meet COVID-19 considerations; 4. Judges will likely take judicial notice that social distancing is commonplace and accepted. Despite the presumption that a parenting plan should remain in place, there are situations when it may be necessary to deviate from the regular schedule, such as a parents personal risk factor (employment or associations). A parent may have to forgo access if they have travelled or are ill, or were exposed to illness. In some cases, a parents personal risk factors (through employment or associations, for example) may require controls with respect to their direct contact with a child. Justice Pazaratz also leaves the door open for changing the residency schedule if there are serious concerns about a parents judgement as a result of lack of compliance with COVID-19 public health directives.

How women’s networks differ from men’s.

A must read article on the secret behind the success of women CEOs and lessons on how to raise our girls, which is likely very different than what many might expect. So encourage your daughter to boast. Let her bike to the store and blow her money on candy and binge on how-to makeup videos. Avoid filling every minute with enrichment. Instead, push loafing. Let her fail miserably. Most of all, applaud her when shes difficult and imperfect. These are tried-and-true tricks. Forty CEOs will tell you that. They told me.

How womens networks differ from mens.

I would love to see you at this powerful event. Get your tickets now!

Join #BLGOttawa for a Fireside Chat with the Honourable Thomas Cromwell on June 27th from 4 pm to 6 pm. Register now: https://blg.com/en/Events/Event_1736

I am thrilled to have recently been named the Chair of Women for Mental Health in support of The Royal. The timing is great to be telling you about this because I have just registered a team called W4MH in the SHOPPERS LOVE. YOU. Run for Women in Support of Womens Wellness Programs at The Royal, and would love for you to join my 5km walking team. Exercise is the best way to manage mental health and thousands across Canada will join us to experience the healing effect of w...alking or running. Womens lives are transformed one step at a time. Your donation will bring one woman one step closer to recovery. It is a very empowering experience to be surrounded by so many members of our community, all gathered together to walk or run to support The Royal. I would love to have you as part of my team. To join, you can register by visiting: www.runforwomen.ca. Click on join a team, find Ottawa, and then enter team name W4MH. You will see my name, and you can join. Please feel free to invite your mothers, daughters, friends, colleagues etc. as well. It would be amazing to have a large group walking with me! If you need any help registering, please let me know. I look forward to walking with you on June 15, 2019!

A critical issue in custody cases where there is parental alienation is reunification therapy. Yesterday we hosted a lunch and learn with social workers Janet Claridge and Nadine Crowley. It was very informative.

Great article on our uOttawa/BLG Family Law negotiation team and it’s consistent success.

Borden Ladner Gervais LLP Ottawa Family Law Group enjoyed Disney on Ice with several families today.

We can ill afford to be a country where women drop out of the work force. Indra Nooyi. A must read interview with this amazing woman leader.

Tonight was the Capital Magazine Launch at the Rideau Club for the Ottawa Board of Trade. I am in one of the articles. This followed an absolutely empowering day with Accenture at their International Womens Day Conference at the Ottawa Hunt and Golf Club where I was their keynote speaker. Its not lost on me that these two events were at clubs that at one time excluded all women. We have progressed. We will progress further. #keepingupwithkcool

Great article on our uOttawa/BLG Family Law negotiation team and its consistent success.

The Rules are taking hold for diversity with significant employers acknowledging a significant lack of diversity.

And while many marvel at the prime ministers actions, her leadership during New Zealands worst peacetime terror attack shows why its so important that we elect more progressive women in global politics.

Another powerful woman. Great news.

If youre an Ontario employer, you should read this article by Borden Ladner Gervais LLP Ottawa associate, Odessa ODell.

It started last fall with a full day competition at Borden Ladner Gervais LLP Ottawa with local judges and lawyers selecting the University of Ottawa/BLG Team to compete in the Walsh Negotiation Competition today in Toronto. Under the skillful and encouraging coaching of uOttawa Professor Lynn Rockman, supported by BLG Family Law lawyers over months of training, today the team won first overall AND second overall awards. Congratulations Professor Rockman and these brilliant students.

Great kickoff to International Womens Week at CEO Talk with the Ottawa Board of Trade where I had the privilege to chair a panel of 3 impressive Ottawa women leaders. Inspiring and powerful. Ottawa Board of Trade Borden Ladner Gervais LLP #ceotalk #keepingupwithkcool

https://www.google.com//nike-and-serena-williams-insp/amp/

Tonight Borden Ladner Gervais LLP Ottawa is proud to be a sponsor of the Personal Leader for Mental Health Award presented to Dr. Denis Riordan for his contributions to advocacy and education for mental health. As always the @RoyalOttawaFoundationforMentalHealth Inspiration Awards has been an inspiring and impactful evening. #keepingupwithkcool

A decision by Ottawas Summers J. in Alkudair v Alobaid yesterday exposes the limits of our justice system where children are abducted to countries that are not signatories of the Hague Convention. In this case, the mother commenced litigation in Ottawa but then fled with the child to Saudi Arabia. She has not returned. Summers J. granted the father, a local surgeon, sole custody of the child and issued a warrant for the mothers arrest. Both orders, of course, are toothless and ultimately likely guarantee that the mother will never return to Canada. https://www.canlii.org//2019/2019onsc1067/2019onsc1067.html

Another excellent Family Law Lunch and Learn session today on What I Know Now as a Judge That I Wish I Knew as Counsel, presented by the Honourable Justice Pam MacEachern.

Our second Family Law lunch and learn session of 2019 is coming up next week! Come join us as the Honourable Justice Pam MacEachern presents on What I Know Now as a Judge That I Wish I Knew as Counsel on Thursday, February 21st from 12:00 pm to 1:00 pm. Click here to register: https://e.blg.com/18/1138/landing-pages/rsvp-(blank).asp

This week, I was a guest on the podcast Im a Millionaire! So Now What? with Colleen O'Connell-Campbell. We talk about practical measures that can be taken to mitigate the financial effects of an unromantic divorce detour. Listen to UnRomantic Detour with Katherine Cooligan from I'm A Millionaire! So Now What? in Podcasts. https://itunes.apple.com//im-a-millionaire-s/id1432211995

This week I had the privilege of networking with amazing women lawyers from across Canada and the US while hearing from excellent speakers on topics and issues relating to women in the legal profession. #womeninlaw #keepingupwithkcool

What happens when a Dragon gets divorced? A $2.6 million equalization payment, a $125,000 per month spousal support obligation, and an exhausted judge who has to reconcile competing expert opinions about the value of several sizable assets. Plese v Herjavec is particularly interesting for Justice Mesburs comments on the quality of the expert evidence put forward by both parties, which Her Honour describes as the real conflict between the parties. Justice Mesbur laments the supposed independence of the experts, given the degree to which their conclusions were aligned with the positions of the parties who hired them. Her Honour then concludes that it would be preferable to require parties to jointly retain a single expert. What do you think? https://lnkd.in/evyHhWn? #familylaw

Important decision released last week by the SCC with potentially significant family law implications. The SCC reaffirmed that Henson trusts create only expectancy interests and are not quantifiable assets owned by the beneficiary. Does this then impact whether beneficial interests in discretionary trusts are divisible on separation? This is a complex and evolving area of the law, and is particularly relevant to clients who have set up family trusts as part of their estate pl...an. If those trusts are truly discretionary, are trust assets protected in the event that, for example, an adult-child beneficiary separates from his or her spouse? The SCC was very careful to ground its reasons in the interpretation of the parties rental agreement, but counsel may have something to work with here. A decision intended to protect the disabled beneficiary of a Henson trust is not easily applied to a spouse protecting his or her wealth from equalization. Nevertheless, the legal principles are the same, and it will be interesting to see how this decision is used in future family law cases. https://lnkd.in/gqvjWma #familylaw See more

A current example of the positive impact of the changes in family law. https://www.cbc.ca//the-mamas-and-the-papas-how-two-ottawa

Last night Borden Ladner Gervais LLP Ottawa attendee the 2019 FACES of Ottawa Awards, hosting clients and cheering on the nominees and winners. Ottawa is filled with amazing talent!

Ive learned that the brass ring isnt always the seven-figure check that changes your life. Sometimes its about building a business, and really a life, on your own termsand working it the way you best see fit.

The data shows that converting talk into concrete action is not only the right thing to do, its the smart thing to do. From Pipelines own research across over 4,000 companies in 29 countries, we found that for every 10 percent increase in gender equity, there is a 1-2 percent increase in revenue. #genderequality #womeninleadership

The women that we have highlighted here have learned that positive self-talk is key to erasing their doubts and accomplishing great things.

The Ontario Court of Appeal released a decision today in Burke v Poitras that has given critical clarity to the scope of a Judges jurisdiction to make final orders at Conferences under Rule 17(8) of the Family Law Rules. There is a common misconception that contested orders are not available at Conferences, which forces parties to bring unnecessary motions, delaying the process and increasing cost. It is now clear that as long as notice is provided, a judge can make any order at a conference that is reasonable in the circumstances and consistent with the overarching purpose of the Rules. This is a must read for family law lawyers. http://www.ontariocourts.ca/decisions/2018/2018ONCA1025.pdf

The Ontario Court of Appeal weighed in today in Turk v Turk on the issue of whether it is appropriate to set aside a domestic contract for non-disclosure, and demonstrated once again that it is reluctant to do so in all but the most egregious cases. Though the husband did not disclose significant assets, the court determined that the non-disclosure was not significant for the purpose of setting aside the agreement because there was no evidence the disclosure would have affected the deal made by the parties, which awarded the wife significant spousal support in excess of what would have been owed based on the husbands income.

The importance of role models for women in leadership is critical. As part of its celebration of female leadership, the University is going to name five of its lecture theatres after distinguished women graduates, of which I am very honoured to be considered one. I think this is about more than just flattery. These rooms will provide five role models. If women can see others stepping out and heading up the board, or the company, they are much more likely to follow suit.

It was an amazing night surrounded by family, friends, colleagues and Ottawas community leaders and supporters as I received the United Way spark Ignite Award!