CONTACT US

(416) 489-8890

steve@benmor.com

TWITTER FEED
FOLLOW US

 

CHILD SUPPORT CALCULATOR
NEWSLETTER
Enter your email address to sign up for Steven Benmor's Family Law Newsletter
Harassment Policy
Privacy Policy
 

YOUR QUESTIONS ANSWERED

 

BENMOR LIVE !

Take a tour of Steve's TV and radio interviews
and get the answers
you need.
Click here.

FEATURE ARTICLE

Has the era of a one-sided expert report ended ?

People enter litigation when they have been unable to resolve their affairs through other less adversarial and inexpensive means, such as negotiations or mediation.  Once litigation commences, the litigants expect a judge to use her wisdom and experience to assist them in settling their matter before trial, or rendering a decision after trial. 

In many cases, there are issues that fall beyond the wisdom and experience of a judge.  In these cases, the judge may require an expert opinion.  The valuation of a pension may require an actuary.  The valuation of real estate may require an appraiser.  The valuation of a business may require a Chartered Business Valuator ("CBV").  The determination of a self-employed person's income for support purposes is often not based on his Income Tax Return and may also require an expert opinion from a CBV.  In Family law cases, who has custody of a child and what that child’s residential schedule will be after separation, are other areas for the involvement of an expert, such as a social worker or psychologist with expertise in child development. This is especially needed where there are clinical issues in the family such as mental illness, addictions, domestic violence or relocation.

Historically, a spouse and his lawyer would identify the issues in a case and then determine what evidence was needed to support his claims.  With the issues listed above, it was customary for an expert to be retained to provide an expert opinion to support the position of the spouse at trial.  

The Family Law Rules established a protocol...


(click here for rest of this article ...)

Click here for more articles

 
DISCLAIMER The contents of this website are provided for general information purposes only. They are not meant to be legal advice or create a lawyer-client relationship. Visiting this website or providing us with your information does not create a lawyer-client relationship. If you want information or advice relating to your individual circumstances, you should consult with your own lawyer or retain the legal services of Benmor Family Law Group. The lawyers at Benmor Family Law Group will be pleased to discuss resolutions for specific legal concerns you may have. You do not become our client unless and until Benmor Family Law Group agrees to act for you and that representation is confirmed in a retainer agreement, in accordance with our usual policies. Unless you are an existing client, no information provided in an e-mail will be considered confidential or personal. Please also note that any information sent or received over the internet is generally not secured. Benmor Family Law Group cannot guarantee the security or privacy of any communication sent to us. The website also contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Benmor Family Law Group of the contents of such third-party websites. You may download and print a copy of the material on this site for non-commercial, personal or educational use. Our copyright notice and this disclaimer must remain on all copies.

©2004-2011 Benmor Family Law Group
Family Lawyer Toronto - divorce, custody & access, support, marriage contracts & more.

Website Hosted and Designed by The Biz Services Inc.