Family Law Research Guide

This guide sets out information for members of the public needing to do their own legal research on family law issues in Ontario . The students and staff at the Bora Laskin Law Library are not lawyers and are not able to provide legal advice. Despite this, it is hoped that this guide will provide useful information. Persons needing legal advice should consult our online guide “Finding Legal Help in Ontario .”

1) Books on family law :

To get a good overview of the law and find out what the experts have to say, consult law books. Authors will usually identify the leading cases and relevant legislation. The following texts are held by our library and can be useful for researching family law

(STL = “short term loan” – these books are held behind the circulation desk):

• The Annotated Ontario Family Law Act. Carswell, 1994-
  Call number: KEO 213 .A32M34 LAW STL [annual]
  
• Bernstein, Marvin M. Child Protection Law in Canada. Carswell, 1990-
  Call number: KE3515 .A6 C44 LAW [loose-leaf]
• Bissett, Johnson and Holland , Winfred, eds. Matrimonial Property Law in Canada. Burroughs, 1980-
  Call number: KE554 .A6 M37 LAW [loose-leaf]
  
• Christopher, T. Catherine. Law of Domestic Conflict in Canada. Carswell, 2002-
  Call number: KE537.5 .C47 LAW [loose-leaf]
  
• Fodden, Simon. Family Law. Irwin Law, 1999.
  Call number: KF505 .ZA2 F62 1999 LAW STL
  
• Hainsworth, Terry W. Divorce Act Manual. Canada Law Book, 1994-
  Call number: KE564.56 .R48 1994 LAW STL [loose-leaf]
  
• Hainsworth, Terry W. Ontario Family Law Act Manual. 2nd ed. Canada Law Book, 1992-
  Call number: KEO213 .A6 H25 LAW STL [loose-leaf]
  
• Klotz, Robert A. Bankruptcy, Insolvency and Family Law. 2nd ed. Carswell, 2001-
  Call number: KE1499 .K552 LAW [loose-leaf]
  
• MacDonald, James C. and Ann C. Wilton. The
  Annotated Divorce Act. Carswell, 1991-
  Call number: KE654.57 .M33 LAW STL [annual]
  
• MacDonald, James C. et al. Canadian Divorce Law and Practice. Carswell, 1986-
  Call number: KE564.57 .M35 LAW STL [loose-leaf]
  
• McLeod, James Gary, ed. Child Custody Law and Practice. Carswell, 1992-
  Call number: KE600 .A6 M35 LAW [loose-leaf]
  
• McLeod, James Gary. Ontario Family Law Rules Annotated. Carswell, 2002-
  Call number: KEO213 .A329 O58 2003 LAW [annual]
  
• Meyrick, Sandra J. Divorce Guide for Ontario. Self-Counsel Press, 2000.
  Call number: KEO224 .Z82 E67 2000 LAW REFB
  
• Payne, Julien D. Canadian Family Law. Toronto: Irwin Law, 2001.
  Call number: KE539 .P3965 2001 LAW STL
  
• Payne, Julien D. Payne on Divorce. 4th ed. Carswell, 1996.
  Call number: KE569 .P39 1996 LAW
  
• Stark, Hugh G. and Kirstie J. MacLise. Domestic Contracts. Carswell, 2004-
  Call number: KEB196 .A6 S73 LAW [loose-leaf]
  
• Wilson, Jeffrey. Wilson on Children and the Law. 3rd ed. Butterworths, 1994-
  Call number: KE512 .A6 W55 LAW STL [loose-leaf]

2) Bar Admission Course Materials for the Law Society of Upper Canada (LSUC):

The Law Library maintains a fairly recent copy of the “bar admission” study materials for family law that are used by persons trying to be admitted to the practice of law in Ontario. These materials are quite practical and written in fairly plain English. The second title listed below contains sample precedents. Both titles are held on our short term loan shelves behind the circulation desk.

• Grant, Stephen M., ed. Family Law: Reference Materials. Toronto: Continuing Legal Education, Law Society of Upper Canada, 2004. Call number: KE289 .A2 F362 2004 LAW STL

• Family Law Precedents: Reference Materials. Toronto: Continuing Legal Education, Law Society of Upper Canada, 2004. Call number: KE289 .A2 F36 2004 LAW STL

3) Canadian Encyclopedic Digest (the “CED”) (in print, green, Row 19, Main/2nd floor) :

This is the encyclopedia of law for Canada. The following “titles” provide information on family law matters:

Title 49, Vol. 9: Divorce and Nullity
Title 62, Vol. 13: Family Law

Title 78, Vol. 16: Infants and Children

Each volume has its own Index and a Table of Contents for each title. Commentary is given in numbered paragraphs, with footnotes providing citations to leading cases and relevant legislation. You update the information in the numbered paragraph by consulting the yellow “updated” pages (if any) at the front of the tab. Each topic or “title” is written by a lawyer who has some expertise in that area; hence, (i) titles are updated on an ad hoc basis, title by title, and (ii) the quality can vary from title to title, although the overall quality of the CED is quite good.

4) Canadian Abridgment (in print, Row 19, Main/2nd floor) :

The Canadian Abridgment is used in part as a finding tool to find summaries of Canadian cases organized by topic. There are multiple volumes, organized alphabetically by topic, that provide summaries of important Canadian cases, organized into discrete sub-topics.

For summaries of family law cases, consult Vol. 36-47: Family Law (new green 3rd edition volumes).

5) Case law

The main source for family law cases published in print in Canada are Carswell's Reports of Family Law (Call number: Rpts. Can. D42 R46 LAW), at Row 27 on the main floor of the Law Library. Family law cases are also reported in other print reporters, such as the Dominion Law Reports or the Ontario Reports . A limited number of Canadian cases are available online for free at the Canadian Legal Information Institute (CanLII) at http://www.canlii.org .

Designed, updated and maintained by Susan Barker, Electronic Information Coordinator.

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