Jessica Gagné is a family and child protection lawyer based in downtown Toronto. She acts for:

  • individuals who are cohabiting with, planning to marry, or separating from a partner; and
  • parents or caregivers who are involved in litigation against a Children’s Aid Society.

She has been practicing exclusively family and child protection law since 2014.

With respect to separation and divorce, Jessica believes only rare situations justify litigation, and prides herself on helping individuals resolve their separation and divorce issues outside of court whenever possible.

Jessica’s child protection practice is the opposite — while she does do some purely advisory work, the vast majority of her work in this area involves litigating against the Children’s Aid Society. Some of the career milestones that she has achieved in her child protection practice thus far include:

  • bringing the first known successful appeal of a Crown wardship no access decision in Ontario where, on appeal, the child was found to not be in need of protection from his mother and was returned to her on a final basis, and obtaining a significant costs order against the Children’s Aid Society in the process: N.V.C v Catholic Children’s Aid Society of Toronto, 2017 ONSC 796;
  • bringing the first successful reported motion for constitutional funding of a child protection appeal in the province of Ontario,  obtaining a costs order against the Children’s Aid Society in the process, successfully defending that costs order on appeal and obtaining a further costs award against the Society: Children’s Aid Society of the Region of Peel v. L.M., 2022 ONCA 379, 2022 ONCA 848;
  • bringing an appeal to the Ontario Court of Appeal on behalf of an indigent mother of three children, which resulted in clarification of the law of judicial notice in child protection proceedings and an access order in the mother’s favor,  and obtaining a significant costs order against the Children’s Aid Society in the process: L.M. v. Peel Children’s Aid Society, 2019 ONCA 841;
  • Successfully appealing a Children’s Aid Society’s motion to strike the CLRA application of customary caregivers, in a decision that confirms the importance of judicial oversight over Children’s Aid Societies with respect to all children, and obtaining a significant costs order against the Children’s Aid Society in the process: M.L. v. B.T., 2022 ONCA 240

All of Jessica’s reported decisions are listed here.

Jessica grew up in the prairie town of St. Paul, Alberta (pop. 5000). Both of her parents were small business owners. She was co-valedictorian of her graduating class, and went on to obtain a Bachelor of Commerce degree, with distinction, from the University of Alberta School of Business. She then obtained a Juris Doctor from the University of Victoria Faculty of Law, graduating at the top of her class. While in law school she received numerous prizes and awards for outstanding academic achievement.

Upon graduating from law school, Jessica obtained a prestigious clerkship at the Supreme Court of Canada where she clerked for the Honorable Justice Michael J. Moldaver.

After clerking, Jessica practiced at a leading child and family law boutique firm in downtown Toronto before starting her own practice in 2015. Since then, she has helped over 300 clients resolve their family law and child protection law issues.

Jessica was previously a sessional instructor at both the University of Toronto Faculty of Law (the Trial Advocacy course) and Seneca College (teaching Introduction to Legal Ethics). From time to time she delivers presentations at continuing professional development programs. She has previously sat on the executive boards of the Ontario Bar Association’s Child and Youth Law Section and Family Law Section. She also previously sat on the board  of the Family Lawyers’ Association.

Between 2015 and 2020, Jessica provided pro bono services to youth and teens through the Teen Legal Helpline. She is a past volunteer with the Law and Youth Workshop Pathways to Education, and Pro Bono Law Ontario’s Education Law Project.

In addition to creating FamilyWatch, a case law newsletter which she published between 2016 and 2017, she has contributed to CanLII Connects, and edited Wilson on Children and the Law and the Ontario Family Law Reporter. She also co-authored The Legal Representation of Children In Canada.

Family Law100%
Child Protection Law100%
Appeals100%

HOW JESSICA PRACTICES LAW

Not your typical law practice.

QUALITY OVER QUANTITY

Jessica monitors the number of active files that she has closely. She does not accept more than 25 active files at any given time.

This practice design allows Jessica to provide better value to her clients. Focusing her energy on fewer client files means that Jessica’s clients benefit from quicker response times and better service. It means deadlines are met, balls are not dropped, and the client benefits from the services of a lawyer who has a greater investment in and familiarity with the client’s case.

RESPONSIVENESS

Email is Jessica’s primary method of communication with her clients. She also communicates with clients via phone, Zoom, or text where appropriate. In person meetings are rarely required.

Jessica stands behind her legal advice. Jessica’s clients are welcome (and in fact encouraged) to record any Zoom, telephone, and in person interactions that they have with Jessica. This enables the client to focus on listening and understanding rather than on taking notes, knowing that they will have a complete record to refer back to if needed.

Emails that require a response usually receive one the same day.

MODERN AND EFFICIENT PRACTICE DESIGN

Jessica cares about providing excellent value to her clients and has designed her entire practice with that goal in mind.

Jessica maintains a paperless law practice.  What this means is that clients are never charged for printing, binding, photocopying or faxing unless a third party legal printing service is used (which is only required where court rules mandate the filing of hard copy materials).

It also means that the client’s file is completely electronic. The advantages of an electronic client file are many. Jessica is able to provide her clients with their complete, organized client file immediately upon request, at no charge.

Jessica’s clients often spend less overall than they would elsewhere for a similar caliber of work.

SERVICES

Consultations

An opportunity to ask your questions and canvas your options.  Sometimes, a consultation is all you need.  Jessica will review your documents in advance of the consultation at no additional charge. Consultations are available by phone, Zoom, or in person, as the client prefers. Please note: Advance payment is required to secure the consultation appointment.

Agreement drafting

Jessica negotiates and drafts cohabitation agreements and marriage contracts (“pre-nups”). Flat fees are available for this service. Price varies depending on the number and complexity of issues involved. The first step is to book a consultation, following which Jessica will advise as to the amount of the flat fee. Jessica also regularly drafts separation agreements. Flat fees are not available for separation agreements.

Written opinions

For those who want an opinion on a discrete legal issue, such as the viability of a potential appeal. Flat fees are available for this service. For an appeal opinion, the first step is for the client to email Jessica a copy of the decision they wish to appeal. At that point, Jessica will advise as to the amount of the flat fee for the appeal opinion.

Full representation

This is for clients who seek a lawyer of record to handle all aspects of their case. This service is billed at Jessica’s regular hourly rate.

Assistance for self-represented litigants

For clients who want to significantly reduce their overall legal fees by representing themselves in litigation, but who also want some “background” guidance from a lawyer along the way (i.e. to assist with document preparation, or to attend a particular court appearance as the client’s agent). This service is billed at Jessica’s regular hourly rate.

Independent Legal Advice (ILA) for an existing agreement

Sometimes, another lawyer has already prepared the written agreement, and one spouse just needs to get “ILA” (independent legal advice) to finalize it.  Jessica first reviews the draft agreement carefully, making notes. Then, Jessica meets with the client (via phone, Zoom or in person) to explain what the agreement does and does not do, and makes edits if requested to do so by the client. In some cases, Jessica assists the client to prepare his or her financial disclosure. 

A Note About Retainers…

In flat fee situations, the fee is paid prior to the commencement of work. In all other cases, retainers are required prior to Jessica commencing work on behalf of a client. A retainer is not a “flat fee” – it assures a lawyer that he or she will be paid for services performed. The client’s retainer goes into Jessica’s trust account. Clients are billed monthly, and payment for the invoice is drawn from the client’s retainer funds in the trust account.  Upon termination of a file, any unused retainer funds are returned to the client. Likewise, a client may be asked to “top up” their retainer if necessary.  Family law work is inherently unpredictable because you and your lawyer are only half of the equation. Resolving a matter in as efficient and cost-effective as possible requires cooperation, responsiveness, and reasonableness from both sides. Where any one of these elements is lacking, overall costs will be higher than they otherwise would be. However, Jessica makes every effort to minimize costs for her clients. 

TESTIMONIALS

Jessica helped me resolve my family law matter in a way that worked with my budget. She was flexible, non-judgmental and extremely knowledgeable about family law and court procedures. Jessica was always available to answer my questions and she explained the law in a way that was easy to understand. What I thought was going to be a stressful experience proved to be extremely manageable because of Jessica’s help and expertise.- Family law client
Jessica had great knowledge of the law and diplomatic negotiation skills. She recognized the problems, worked to achieve a resolution in a timely manner, and pushed back even when perhaps my patience for the process had been lost. I would not hesitate to recommend her to anyone needing family law services.- Family law client
Jessica's passion for what she does is evident. You want her in your corner when you are up against the Children's Aid Society.- Child protection law client
I needed legal advice regarding a child support matter. Jessica was very helpful! She was fast and efficient and before I knew it I had everything I needed to go to court. I went in organized and confident! Jessica was available when I needed her and she answered all my questions. I would absolutely recommend her.- Family law client
Jessica is honest, hardworking, and fair.- Family law client
Jessica exceeded my expectations. She has a clear, concise writing style and produced a very thoughtful analysis. She knew which questions to ask.- Family law client

Contact

Coordinates

To schedule an appointment,
email
jessica@jessicagagne.ca

Office Location

111 Queen Street East
South Building, Suite 450
Toronto, Ontario M5C 1S2

Tel: 416-616-5088

Parking

There is a large surface parking lot
on the north side of Queen,
between Church and Jarvis.

Alternatively, it’s a 2-minute walk
from the Queen subway station.