Developments in Family Law: The 2005-2007 Term

Supreme Court Law Review, Vol. 38, p. 405, 2007

32 Pages Posted: 29 Jul 2008

See all articles by Martha Shaffer

Martha Shaffer

University of Toronto - Faculty of Law

Nicholas Bala

Queen's University - Faculty of Law

Date Written: July 29, 2007

Abstract

In 2005-2007, the Supreme Court rendered four family law decisions, more than in any other two-year period in the past decade. Two of them dealt with child support and two with spousal support. In these four decisions, the Court sent some important signals and rhetorical messages to the profession and to litigants. However, in some respects the decisions were frustratingly vague, and unfortunately may result in more litigation, an especial concern in the family law context where financial pressures, especially on women, may result in unfavorable settlements rather than uncertain litigation, and litigation may further embitter the parties and worsen the lives of their children. There are also aspects of the decisions that seem out of touch with the practice of family law, and it is likely that in regard to these matters practitioners will have to struggle to neutralize their effect.

Suggested Citation

Shaffer, Martha and Bala, Nicholas C., Developments in Family Law: The 2005-2007 Term (July 29, 2007). Supreme Court Law Review, Vol. 38, p. 405, 2007, Available at SSRN: https://ssrn.com/abstract=1185883

Martha Shaffer (Contact Author)

University of Toronto - Faculty of Law

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Nicholas C. Bala

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada
613-533-6000 ext 7-4275 (Phone)
613-533-6509 (Fax)

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