The Latest in PC Case Law: Found Here!
Authors: Borzou Tabrizi and Hilary Linton
We recently wrote a couple of articles in the Lawyer’s Daily about some important PC case law.
We found that some PCs and also some lawyers were not entirely clear on the role of the PC, the PC’s jurisdiction, and the enforceability of a clause in an agreement or order naming a PC. This affects us all, as we often find ourselves named in separation agreements of Consent Orders, much to our surprise!
Our first article addressed these broad questions, including considering case law where courts took different approaches to the question of whether a party who has agreed to retain a PC can be compelled to participate in a process in which the statutory requirements for parenting coordination have not been met.
We would have thought the answer would be a clear “no”, given the importance of the pre-requisites for parenting coordination including screening.
But as our article makes clear, the courts have not been consistent on this question.
Hilary practised civil and family law for almost 15 years, and was a partner at a Toronto boutique family law firm when she started her dispute resolution career. She established Riverdale Mediation Ltd. in 2001, where the Riverdale team provides affordable family mediation, arbitration, parenting coordination and arbitration screening services, working with lawyers and with unrepresented parties. Hilary works hard to understand what each client needs to reach a workable settlement.
Borzou is a family lawyer and experienced family mediator. He has worked for many years as a court-based mediator with families in the Toronto family courts, gaining valuable experience with challenging cases. He also has a growing parenting coordination practice. Borzou is a skilled, compassionate and patient mediator whose clients not only reach agreements, but are satisfied with the experience as well.