Archive for the ‘news flash’ Category

author Posted by: Bob on date Jun 14th, 2012 | filed Filed under: Courts, Divorce, In the News, news flash, separation

SARNIA, ON: Jury deliberations commenced on Thursday, May 17, 2012 in the first degree murder trial of Craig Short, 52. Short is accused of murdering his wife Barbara, 48, in a desperate move to prevent her from taking any of his family assets in their impending divorce.

The beginning of the story is an all too familiar one. Barbara was alleged to have been carrying on an extra marital affair, which Short discovered when he found a series of Barbara’s hand-written poems about her lover. The prosecution alleges that Short had the motive and opportunity to carry out the murder of his wife, and that he did so on October 18, 2008. Her body was discovered behind the couple’s home, her skull fractured. Short claimed that she fell from the roof while he was out of the house, however the prosecution has cast doubt on this theory as there was no ladder present at the scene. Jurors were told that Short’s only concern was protecting his assets in the impending divorce. Witnesses testified that Short had threatened to harm or kill Barbara rather than see her take any of his money. He was self-employed and she was a bookkeeper for his business.

After two days of deliberation, the Jury was discharged when the foreman informed the judge that the jury was “impossibly deadlocked,” a devastating result for all parties who will have to rehash the tragedy of Barbara’s death for a second time.  A new trial will likely commence in 2013.

The message to take away from this terrible story is that no matter what the circumstances of your divorce, violence is never the answer. Even threatening violence against your spouse will land you in hot water and is a cowardly way to get what you want.

If you are a victim of spousal abuse or fear for your safety during the separation process, please contact the police and a qualified family lawyer for help.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

author Posted by: Bob on date May 31st, 2012 | filed Filed under: Courts, In the News, news flash, Process

If you’ve ever been involved in the legal process, you know how much paperwork is involved. Applications, court forms, records, correspondence, evidence… it all ends up printed and filed away in lawyers’ accordion folders. Furthermore, the other parties and the court require copies of many of these documents. With all these papers floating around, it’s not uncommon for documents to go missing or for parties to get bogged down with paperwork. It’s an antiquated system in dire need of a complete overhaul.

Recently, the Ontario Budget disclosed that a new, digitized system is in the works for Ontario’s Courts. The system is expected to be implemented in approximately three years, and is currently in the planning stages. The province attempted to introduce a digital data management system in the early 2000s, but the technology of that time was not adequately equipped to deal with the needs of the court. The newly revamped system, called the Court Information Management System, or “CIMS”, will allow litigants and their lawyers to file certain court documents electronically, pay filing fees online, and access their documents 24 hours a day, as opposed to the traditional 9-4 hours of the courthouse.

What does this mean for you as you’re navigating the divorce process? The digitization of the Family Courts will result in significant improvements to the divorce process in Ontario. Most notably, the ability to file documents online will save considerable time and expense to both lawyers and their clients. In some cases, it will eliminate the need to use process servers, which can be costly, or to have the lawyer or his/her staff file the documents, which can be even more costly when you’re paying an hourly rate. Furthermore, it will reduce the amount of photocopying (the cost of which can be astronomical, especially when a matter is proceeding to trial) and would simplify the overwhelming process of organizing legal documents.

Digital document management is the way of the future, and a trend that is being adopted by large and small law firms alike. Over the past few years, the sheer volume of paperwork involved in litigation has created a niche market for litigation support law firms, where lawyers provide innovative solutions for the organization of data and litigation materials. This trend reflects the need for a more efficient system that will allow lawyers to advocate for their clients without being slowed down by the court process. While complete digitization of the legal system is still many years away, Ontario’s move towards a more streamlined, paperless system is a step in the right direction both in terms of efficiency and accessibility- two areas in which the court system can always stand to improve.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

author Posted by: Bob on date Aug 9th, 2010 | filed Filed under: Divorce, news flash

In an online poll conducted by Divorce Magazine, 29% of respondents said that infidelity had caused their divorce; 22% blamed the marital split on communication problems; 15% said that the problem was basic incompatibility; and 14% cited emotional or physical abuse. Other reasons included drug addiction, financial woes, and one spouse being a workaholic.

Helping you help yourself,