Technology simultaneously brings benefits and complications: Christine Ashbourne
The number of disputes over who gets to keep the family pet after divorce is on the rise, and Ontario is behind some provinces when it comes to legislating this area, says Christine Ashbourne, a family lawyer at Torkin Manes.
Pet custody battles are becoming more common in Ontario, particularly among millennials, Ashbourne says.
"Pre-pandemic, I had one case where pet custody was a question. Now, I have a good handful of files where that’s at issue."
While the law in Ontario still treats pets as property, millennials increasingly see them as family members, she says, adding that other jurisdictions, like British Columbia, are beginning to adopt a different approach.
She says that since courts in Ontario still primarily see pets as pieces of property, they usually base their decisions on who paid for the animal or who signed the initial contract for the animal.
"Other jurisdictions have been looking at this differently,” so the courts there consider factors like they would in a parenting case, she adds.
Technology is another factor that is reshaping family law, but it is simultaneously bringing both benefits and complications, Ashbourne says.
She says one way technology can be beneficial is that it can facilitate the gathering of evidence, which can shorten or simplify the court process.
Moreover, she adds that various tools have been developed to help separated spouses.
“One we refer a lot of clients to is ‘Our Family Wizard,’ which enables them to communicate effectively about their children.”
On the other hand, she says that technology is to blame for the recent rise of incivility in divorce proceedings.
"People write things so quickly. Everybody communicates via text, emails, or social media … and often forget that what they write can be memorialized and potentially seen by a judge one day,” she says.
“There have been many positive developments, but the darker side [of the use of technology] is that people are not always as civil as they should be in their communications,” she says.
She says economic strain and the rise in prices have impacted family law, influencing decisions on separation, property division, and financial settlements.
Inflation is forcing separated spouses to continue living together for longer than they would prefer, and it has also made it more difficult for one party to buy out their spouse’s share of a home, which complicates financial settlements in family law cases.
"More and more, we’re seeing people end up living what we call ‘separate and apart’ in the matrimonial home, sometimes for a lot longer than they’d like to,” and the main reason is their inability to secure seperate accommodations.
She says the cost of living has also affected people's ability to buy out their spouse’s interest in a house, making financial negotiations much more complex than before.
“It's been game-changing in terms of what people are doing and what their living situation is like post-separation.”
She adds that despite projections, the pandemic has increased the number of family law cases and that the volume “has never really gone down.”
That flood of cases poses a challenge for some family lawyers, but that is not the only headwind that legal professionals in this field face, she says.
Beyond caseload demands, family lawyers must also manage the emotional intensity of their work. She says the true challenge is carrying the emotional weight of the cases while maintaining professionalism and avoiding burnout.
"We try to remind ourselves that when a client is emotional, it’s often because they’re facing one of the most difficult challenges they’ll ever experience. It’s important not to take anything personally," she says.
Ashbourne, who became a partner in 2021, finds the field deeply rewarding despite the challenges and would recommend it to young lawyers as a practice area.
"I was drawn to family law because it intersects with so many other different areas," she says. "On a typical family law file, you might have criminal law implications, real estate issues, wills and estates, and corporate matters. It’s a challenging field, but that’s what makes it so engaging."
Beyond the legal complexities, she says that family law provides a sense of personal fulfillment that comes from guiding clients through some of the most challenging moments in their lives.
"From a professional satisfaction perspective, you can really do a lot of good work in family law and see the immediate impacts on people’s lives," she says.
