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| Numan Bajwa |
Updates to the definition of ‘child’
One of the key updates introduced in 2024 is a revision to the definition of “child” in subsection 1(1) of the Family Law Act. The amendment replaces the word “whom” with “in respect of whom,” a seemingly minor yet significant linguistic change.
Simplification and clarification
The new wording provides greater precision and clarity in legal documents. The term “in respect of whom” eliminates any potential ambiguity that might arise from the use of “whom.” This adjustment aligns the language with contemporary legal drafting practices, ensuring that the intent of the legislation is unmistakable.
Why this change matters in legal terminology
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Introduction of s. 59.9: Enforcement of family arbitration awards
Family arbitration has long been a valuable alternative to traditional court proceedings in resolving family law disputes. It offers a more flexible, confidential and efficient process for families to settle matters such as support, custody and property division. Arbitration agreements, however, must be enforceable to provide families with the security and reliability they need.
The introduction of s. 59.9 in Ontario’s Family Law Act addresses this requirement by creating a clear framework for the enforcement of family arbitration awards, particularly those related to support or maintenance. This addition strengthens the role of arbitration in family law by ensuring awards carry the same weight as court orders.
Key features of s. 59.9
1. Filing process for enforcement
- To enforce a family arbitration award, a party must file the award with the clerk of the Superior Court of Justice or the Family Court. This filing is accompanied by the following documents:
- A copy of the family arbitration agreement to validate the terms under which the award was reached.
- Certificates of independent legal advice for each party, ensuring that all parties entered into the arbitration agreement with full understanding and without coercion.
2. Awards enforceable as court orders
- Once filed, the support provisions of the arbitration award are enforceable as if they were orders issued directly by the court. This simplifies the enforcement process, granting families access to the same legal mechanisms used to enforce court orders.
3. Safeguards to maintain the right to challenge arbitration awards
- Section 59.9 explicitly preserves a party’s right to challenge an arbitration award under the Arbitration Act, 1991. This ensures fairness by allowing parties to apply to have the award set aside if there are valid grounds, such as procedural irregularities or evidence of unfairness.
Practical implications for families
The introduction of s. 59.9 provides families with:
Efficiency: Enforceable arbitration awards reduce the need for lengthy court proceedings.
Fairness: Certificates of independent legal advice ensure informed decision-making.
Flexibility: Families can use arbitration to tailor resolutions to their unique circumstances, with the assurance that awards will be upheld and enforceable.
Fairness: Certificates of independent legal advice ensure informed decision-making.
Flexibility: Families can use arbitration to tailor resolutions to their unique circumstances, with the assurance that awards will be upheld and enforceable.
This amendment reinforces the legitimacy of family arbitration and encourages its use as a viable alternative to litigation.
This is part one of a two-part series. Part two: Understanding the latest amendments to Ontario’s Family Law Act: More key changes for 2024.
As a leading legal professional with years of experience, Numan Bajwa specializes in divorce, simple and complex separation agreements, marriage contracts and other family law matters. He provides compassionate, strategic and effective legal counsel to help clients achieve the best possible outcome during this challenging time. DivorceGo, operated by Bluetown Law, is an award-winning and accredited legal service.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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