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Books

The Constitutional Law Group (P. Macklem and C. Rogerson executive eds.), Canadian Constitutional Law, 4th ed. (Toronto: Emond Montgomery, 2010).

K. Swinton and C. Rogerson, eds., Competing Constitutional Visions:  The Meech Lake Accord (Carswell, 1988).
 

Published Papers

With Robert Leckey, “Marriage, Family and Federal Concerns” ch. 27 in Nathalie Des Rosiers, Patrick Macklem and Peter Oliver, eds, Oxford Handbook of the Canadian Constitution (Oxord University Press, forthcoming 2017) (9,300 words, 34 pages double-spaced). 

“Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Action” ch 5 in Trudo Lemmens, Ian Lee and Cheryl Milne, eds., Assisted Human Reproduction: Ethical Qualms, Legal Interventions (University of Toronto Press, 2017), 8,000 words.

Shaping Substantive Law to promote Access to Justice: Canada’s Use of Child and Spousal Support Guidelines” ch 5 in John Eekelaar, Mavis Maclean and Benoit Bastard, eds., Delivering Family Justice in the 21st Century (Hart Publishing, 2015), pp. 51-68.

Child support, spousal support and the turn to guidelines” ch. 2.7 in John Eekelaar and Robert George, eds., Routledge Handbook of Family Law and Policy, (Cambridge University Press, 2014) 153-63

“Canada: A bold and progressive past but an unclear future,” in Elaine Sutherland, ed., The Future of Child and Family Law: International Predictions (Cambridge: Cambridge University Press, 2012) at pp 77-111

Spousal Support Agreements and the Legacy of Miglin” (2012) 31 Canadian Family Law Quarterly 13

With Noel Semple, “Access to Family Justice: Insights And Options” in Michael Trebilcock et al, eds, Middle Class Access to Justice (Toronto: University of Toronto Press, 2012) pp. 413-449

With Rollie Thompson, “The Canadian Experiment with Spousal Support Guidelines” (2011) 45 Family Law Quarterly 241

"Child and Spousal Support in Canada: The Guidelines Approach" (2011) Irish Journal of Family Law [forthcoming]. 

With Rollie Thompson, "Complex Issues Bring Us Back to Basics: The SSAG Year in Review" (2009) 28 Canadian Family Law Quarterly 263

"The Legacy of Miglin: Are Spousal Support Agreements Final?" in Law Society of Upper Canada, Special Lectures 2006: Family Law (Toronto: Irwin, 2007) at pp. 119-134

"The Canadian Law of Spousal Support" (2004) 38 Family Law Quarterly 69

With Martha Shaffer, "Contracting Spousal Support: Thinking Through Miglin" (2003) 21 Canadian Family Law Quarterly, pp. 49-101. 

"They are Agreements Nonetheless," case comment on Miglin v. Miglin, 2003 SCC 24 (2003), 20 Canadian Journal of Family Law, pp. 197-228.

"Developments in Family Law: The 2002-2003 Term" (2003), 22 Supreme Court Law Review (2d), pp. 273-341

"Developments in Family Law: The 2001-2002 Term" (2002), 18 Supreme Court Law Review (2d), pp. 335-370.

"Spousal Support Post-Bracklow: The Pendulum Swings Again?" [PDF] (2001), 19 Canadian Family Law Quarterly, pp. 185 – 282.

"The Child Support Obligation of Step-Parents" (2001), 18 Canadian Journal of Family Law,  pp. 9-158.

"Developments in Family Law: The 2000-2001 Term" (2001), 15 Supreme Court Law Review (2d), pp. 307-357

"Child Support Under the Guidelines in Cases of Split and Shared Custody" (1998), 15 Canadian Journal of Family Law, pp. 11-100.

With Brenda Cossman, "Case Study in the Provision of Legal Aid:Family Law" in Ontario Legal Aid Review, Report of the Ontario Legal Aid Review: A Blueprint for Publicly Funded Legal Services, 1997, Vol. 3, pp. 773-913.  

"Spousal Support After Moge" (1997), 14 Canadian Family Law Quarterly, pp. 281-387.

"Evidentiary Issues in Spousal Support Cases", in Special Lectures of Law Society of Upper Canada, 1991, Applying the Law of Evidence: Tactics and Techniques for the Nineties (Carswell, 1992), pp. 219-275.

"Judicial Interpretation of the Spousal and Child Support Provisions of the Divorce Act, 1985", published in two parts (1991), 7 Canadian Family Law Quarterly 155-269 [PDF] and 271-314 [PDF]; Part I also published in (1991), 12 The Advocate’s Quarterly, 377.

"Women, Money and Equality: The Background Issues" in K. Busby et al., eds., Equality Issues in Family Law: Considerations for Test Case Litigation (Legal Research Institute of the University of Manitoba, 1990), pp.97-119.

"Family Violence:  A Study in Social and Legal Sanctions" with John Hagan, in Martin L. Friedland, ed., Securing Compliance:  Seven Case Studies (University of Toronto Press, 1990), pp. 392-440.

"The Causal Connection Test in Spousal Support Law" (1989), 8 Canadian Journal of Family Law 95-132.

"Winning the Battle; Losing the War:  The Plight of the Custodial Mother After Judgment" in M.E. Hughes and E. D. Pask, eds., National Themes in Canadian Family Law (Carswell, 1988), pp. 21-54.  

"The Judicial Search for Appropriate Remedies Under the Charter:  The Examples of Overbreadth and Vagueness" in Robert J. Sharpe, ed., Charter Litigation (Butterworths, 1987) pp. 233-326.

"Introduction" to "Law and the Modern Family".  Special law review seminar edition of (1987) 45 University of Toronto Faculty of Law Review 209-215.   

"Products Liability and the Allergic Consumer:  A Study in the Problems of Framing an Efficient Liability Regime", with M. Trebilcock (1986), 36 University of Toronto Law Journal 52-103.

"From Murdoch to Leatherdale: The Uneven Course of Bora Laskin’s Family Law Decisions" (1985), 35 University of Toronto Law Journal 481-541  (Special edition of University of Toronto Law Journal devoted to "Bora Laskin:  The Legacy"). 

"Provincially Induced Barriers to Trade in Canada:  A Survey", with M. Trebilcock and I. Ness in M. Trebilcock et al. eds., Federalism and the Canadian Economic Union (University of Toronto Press for the Ontario Economic Council, 1983), pp. 243-352.
 

Unpublished Papers

"The Life and Times of the F.L.A.", keynote paper prepared for the 25th Anniversary of the Family Law Act Conference, Law Society of Upper Canada, Toronto, March 1, 2011.

"The Legacy of Miglin", paper presented at the Law Society of Upper Canada, Family Law Summit, Toronto, June 10-11, 2010, the National Family Law Program, Victoria, B.C., July 12-15, 2010, and the Spousal Support SuperConference, Edmonton/Calgary, November 25 & 26 (currently being revised for publication). 

"The Spousal Support Advisory Guidelines and the Older Client: Some Preliminary Thoughts", paper prepared for the CBA National Elder Law Conference, Kingston, Ontario, June 12-13, 2009 (23 single-spaced pages).

"The Spousal Support Advisory Guidelines: Ontario Update" (Nov. 21, 2008), paper prepared for Law Society of Upper Canada, "The Six Minute Family Lawyer" Toronto, Dec. 3, 2008. (10 manuscript pages plus appendices.

"A New Frontier in Post-Divorce Financial Obligations: Canada's Experiment with Spousal Support Advisory Guidelines" with Professor Rollie Thompson, Dalhousie Law School, paper prepared for presentation at the International Society of Family Law, 13th World Conference, Sept. 16-20, 2008, Vienna, Austria. (33 manuscript pages)

With Rollie Thompson, "Fisher and After: the Spousal Support Guidelines in Ontario" (May 28,2008) paper prepared for the Law Society of Upper Canada, "2nd Annual Family Law Summit", Toronto, June 10-11, 2008. (17 manuscript pages plus appendices)

"Spousal Support in Ontario: A Brief Update" (Sept. 20, 2007), paper prepared for Law Society of Upper Canada, "The Family Law Summit", Toronto, May 10-11, 2007.

"Miglin One Year Later", paper prepared for the County of Carlton Law Association, 13th Annual Institute of Family Law Conference 2004 "Contemporary Issues in Family Law", Ottawa, June 18, 2004, 18 manuscript pages.

"Couples or Individuals or Parents? Rethinking the Appropriate Unit for the Allocation of Social Benefits", paper prepared for the conference on Domestic Partnerships, Queen’s University, Kingston, Ontario, October 21 –23 1999.

"Of Variation, 'Special Provisions' and 'Reasonable Arrangements' --The Effect of Prior Orders and Agreements on Child Support Determinations Under the Guidelines", paper presented and distributed at the Federation of Law Societies of Canada and C.B.A., 1998 National Family Law Program, Whistler, B.C., June 29 - July 2, 1998; available on Quicklaw through Syrtash Family Law Newsletter. (46 pages plus appendix of digested case law)

"Section One of the Charter." Paper prepared for the Canadian Judicial Council Seminar, May 1991

"Review of Support Factors and Objectives in Case Law Decided Under the Divorce Act, 1985".  Study prepared for the Department of Justice, Canada, June 1989.

"Informal Law Reform: Canada's Experiment with Advisory Spousal Support Guidelines" (33 single-spaced manuscript pages), paper presented and distributed on-line at the Joint Annual Meetings of the Law and Society Association and the Research Committee on Sociology of Law (RCSL), July 25-28, Humboldt University, Berlin, as part of a session entitled "Money Matters: Exploring Some Recent Strategies for Achieving 'Fair' Post-Separation Financial Outcomes"
 

Work in Progress

“Child Support and Serial Family Formation”, paper presented at the International Society of Family Law Conference in Lyon, France, July 19-23, 2011 and subsequently revised and presented at the National Family Law Program, Halifax, July 15-19, 2012.

“Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action” paper prepared for the conference “Reference re the Assisted Human Reproduction Act: Implications for Future Practice”, University of Toronto, Nov. 4-5, 2011; revised for inclusion in book of conference proceedings U of T Press (forthcoming)

Book Reviews

Review of Michael D. A. Freeman, State Law and Family: Critical Perspectives (London: Tavistock, 1984) in (1986), 5 Canadian Journal of Family Law 175-178.

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