What is the impact of family litigation on the relationship?

Ontario, Canada


The following excerpt is from Arbuckle v. MacLeod, 2021 ONSC 6898 (CanLII):

Reference is to the wise words of Justice Kurz in Alsawwah v. Afifi, 2020 ONSC 2883: 104 Family litigation is far too corrosive of once-loving relationships and far too soul destroying for emotionally scarred litigants to be exacerbated by an unnecessary war of invective. Yet far too often that is just what occurs. Litigants feel that they can leave no pejorative stone of personal attack untilled when it comes to their once loved one. Many lawyers, feeling dutybound to fearlessly advocate for their clients, end up abetting them in raising their discord to Chernobyl levels of conflict. 105 Often those parties and their lawyers forget that once the war is over, the financially and emotionally drained family still has to pick up the pieces. And the children whose best interests are ostensibly the central concern of their parents’ struggle, can leave their field of battle scarred for life.

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