Understanding Corollary Relief in Ontario Family Law: Embracing Mediation at Any Stage

Corollary Relief

Introduction Navigating the labyrinth of divorce proceedings can be a daunting task. In Ontario, Family Law brings myriad complex terms and ideas that often seem overwhelming. One such term that often arises in divorce is “Corollary Relief.” In this blog post, we’ll demystify Corollary Relief and its implications in Ontario Family Law, equipping you with the knowledge you need to understand the divorce process better.

What is Corollary Relief?

Corollary Relief refers to the court’s orders that deal with matters other than the divorce itself. These matters include child custody, spousal or child support, and the division of matrimonial property. Though these issues are often discussed during the divorce proceedings, they can also be dealt with after the divorce has been granted.

Why is Corollary Relief Important?

The importance of Corollary Relief lies in its direct impact on the lives of those involved in a divorce. For example, the division of matrimonial property can significantly affect each party’s financial health post-divorce. Similarly, decisions about child custody and support can influence the well-being of the children involved. So it is vital to understand the potential implications of Corollary Relief in your divorce proceedings.

How is Corollary Relief Determined?

A set of hard and fast rules does not govern the determination of Corollary Relief. Instead, the courts consider a combination of factors, including the financial situation of each party, the needs of the children, and each party’s role during the marriage, among others. Precedent case law also plays a significant role in shaping these decisions. The judge uses their discretion, guided by these factors, to arrive at a fair conclusion.

A Word of Caution

While your lawyer may provide you with an estimate of the likely outcomes of the Corollary Relief, it is crucial to remember that these are only estimations. Given the subjective nature of these decisions, no lawyer can guarantee a specific outcome. So, if your lawyer makes any promises, it would be prudent to get them in writing.

Conclusion:

Navigating the complexities of divorce and separation can be a stressful experience. However, it is crucial to remember that it’s never too late to consider alternative avenues for resolution. For example, mediation, a method where a neutral third party helps with a conversation to help parties mutually agree, can be a possible, less adversarial, and cost-effective approach to settling disputes out of court. Whether you’re in the initial stages of your separation or you’ve already begun court proceedings, you can still engage in mediation at any point. The flexible nature of this process lets parties openly discuss their issues, explore possible solutions, and work towards a fair and agreeable settlement. Choosing mediation minimizes the emotional toll associated with court battles and empowers both parties by giving them a voice and control over the outcome. In addition, it fosters an environment of cooperation and mutual respect, which can be beneficial when children are involved. Remember that it’s never too late to change course and choose mediation. This approach can provide a more personal, compassionate, and collaborative pathway to resolving separation or divorce matters. Contact a mediator, understand the process, and consider if this could be your correct route. The goal is to end a marriage and secure the best possible future for everyone involved.

since you’re here…

Do you value fair costs, compressed timelines, your well-being and a favourable outcome?
If you have children, are approaching retirement, or simply in the primary pursuits of life, no matter what your station in life, separation and divorce often presents some unique challenges. That said reaching a settlement should not break you financially or break your family. Like life, Separation and divorce also have their stages. The early decisions you make and the path you take are directly connected to the quality of your outcome.

The path you take

Let’s hear from Divorce Industry insiders about lawyers and litigation.

“Entering the litigation process forces people to take an adversarial stance because that’s the way the system is designed.”

“Because a court can only do so many things, the answers are impeaching us already. Has to be custody, has to be access, has to be amount of support, has to be division of assets, in a way that the law stipulates. So they’re very bounded by the results because a court can only order so many things.”

“Lawyers unfortunately because that’s their job, tend to reinforce that [adversarial stance]. When you have people who are hurt, who are in crises, who are afraid, who are worried, and they see it as a war. And that’s really dreadful for kids”

June Maresca – Family Court Judge

“The process requires people to bring out the worst in each other. My ex-husband is like this and like that, all the most horrible things. My ex-wife is like this and like that, it brings out the worst in people. So the other party reading that gets their back up and retaliates.”

“She said I knew that our marriage was broken, but after the litigation our family was broken. And it just, it broke my heart.”

Toni Pietrantoni – Family Law Lawyer

“Once you thrown mud at somebody and they throw mud back at you, it typically gets to the point where the hate level does not decrease, the hate level increases.”

“When I see litigation, it’s based on a binary system. You either win or you lose, or on an issue, you’re right or you’re wrong.”

Richard Bennett – Family Law Lawyer

“And at one point my mom said well you have to choose who you’re going to live with, me or your dad. And I couldn’t study for about a good two months and we had finals coming up, so it was difficult.”

Child of Divorce

“The time has come for a fresh conceptual approach to resolution of family disputes in Ontario”

Warren Winkler – Ontario Chief Justice  2007 – 2013

“The empirical evidence shows that it isn’t necessarily the separation and the divorcing of parents that creates the psychological and emotional damage in children, it is the conflict that happens afterwards.”

Julia Haasz  – Family Law Lawyer

“The litigation process is expensive, time-consuming, and it’s not going to have the effect people think it’s going to have.”

Francine E. Van Melle  – Family Court Judge

What about Self-Representation?

The family court system has seen a terrific increase in the number of self-represented litigants (self-reps, or SRLs) over the past few years. But what does it mean to be a self-rep? Judges and lawyers, as well as the system itself, are all struggling to understand who how to better accommodate self-reps in a system built upon the expectation of both parties having lawyers to act for them.

The National Self-represented Litigants Project revealed some disturbing figures. Over a period of 4 years and 3 months ending April 6, 2016, in Ontario Superior Court cases where there was one self-rep and one represented client, the self-rep won only 14% of the time and lost 73% of the time. (The remainder resulted in no orders or split orders.) While there are many explanations for this, it’s clear that a person without any legal help or assistance is facing an uneven playing field.

The resolution value ladder

The resolution value ladder

The further down the resolution value ladder you start, the higher cost go, and the longer timelines extend. Bypass low-value processes and start with the high-value mediation process. Whether you have a settlement in mind and just need a separation agreement prepared or need assistance reaching a settlement, contain costs and conflict by working with a neutral third-party – mediator.

Learn more about Soft Landing Divorce Settlement Method

“Research tells us the greater the degree to which the parents own the outcome, the greater the likelihood they will actually follow through, and that reduces the conflict.”

“People are like snowflakes, families are like snowflakes. No two are the same. And so the benefit of a collaborative process, there is no rubber stamp, there is no template that anyone has to fit in to”

Gary Direnfeld Social Worker MSW, RSW

About the Author:
Ken Maynard ADFA, Acc.FM

I assist intelligent and successful couples in crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, sidestepping the excessive conflicts, confusion, and costs often associated with legal proceedings. You have the option to collaborate with me via video conference or in-person with a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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