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Work we

Family Law

Small team. Strong Focus.

Our passion for working at the intersection of family and law is simple. As Justice Abella of the Supreme Court of Canada once said: “Family law is and should be a leader in the legal system because it matters so much to so many.”

What we do.

We understand that you may be looking for a legal team with the ability to deliver unparalleled advocacy. We practise before all courts in the Province of Ontario and the Supreme Court of Canada and represent clients in mediation and arbitration proceedings.

We represent and advise clients on all areas of family law, including issues related to divorce, custody and access, spousal and child support, mobility matters, division of property, separation agreements, domestic contracts, religious marriage contracts, adoption, and cross-border family law issues.

We frequently work on matters that involve the highly complex intersection of family law and other areas of law, including business, tax, trust and estate matters and criminal proceedings. That means working closely with other lawyers, valuators and accountants when needed.

Our lawyers also represent children and parents in domestic and child protection matters.

We are frequently called on by family law counsel in other jurisdictions to provide opinions as to the impact of Canadian law in international proceedings.

We are trial lawyers.

We pride ourselves in resolving family law disputes quickly and cost-effectively. Most often that means not using resources in court. It is, however, our experience in court that allows us a helpful perspective in moving matters forward in a sensible manner. When court is inevitable we rely on our strength and experience. Our lawyers have maintained an active litigation practice for almost two decades.

Appellate and Charter Litigation.

The lawyers of MMC have significant experience in Charter litigation, particularly in cases involving progressive equality rights. MMC lawyers have been at the forefront of changing family law to respect the diversity of families. Our team has been lead counsel in the following historic Charter cases:

  • M.D.R. v. Ontario (Deputy Registrar General) (2006), 270 D.L.R. (4th) 90; PDF Document
  • Reference re: Same Sex Marriage, [2004] 3 S.C.R. 698 (SCC); PDF Document
  • M.M. v. J.H. (2004), 73 O.R. (3d) 337 (Sup. Ct.); PDF Document
  • Hendricks v. Canada (Attorney General) (2004), 238 D.L.R. (4th) 577 (Que. C.A.); PDF Document
  • Dunbar v. Yukon, [2004] Y.J. No. 61. (Sup. Ct.); PDF Document
  • Halpern v. Canada (Attorney General) (2003), 65 O.R. (3d) 161 (C.A.); PDF Document
  • M. v. H., [1999] 2 S.C.R. 3; PDF Document
  • M. v. H. (1996), 20 R.F.L. (4th) 278 (Ont. C.A.);; PDF Document
  • M. v. H. (1996), 31 O.R. (3d) 417 (C.A.); PDF Document
  • M. v. H. (1996), 27 O.R. (3d) 593 (Gen. Div.) (Trial Decision)
  • M. v. H. (1996), 137 D.L.R. (4th) 569 (Gen. Div) (Trial Decision on Costs)
  • M. v. H. (1993), 15 O.R. (3d) 721 (Gen. Div.) (Interim Oppression Remedy Granted)
  • M. v. H. (1994), 17 O.R. (3d) 118 (Gen. Div.) (Motion for interim disbursements and use of jointly-owned property)
  • M. v. H. (1994), 20 O.R. (3d) 70 (Gen. Div.) (Motion for leave to intervene)

Whatever your challenge and however complex or simple, we realize that it is the most pressing and important thing in your life. From our family at Martha McCarthy & Company LLP to yours, let us help. We are family.®