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SCC adopts new approach to determining ‘habitual residence’ in international child abduction cases under Hague Convention
Retired Supreme Court Chief Justice Beverley McLachlin
Former Chief Justice Beverley McLachlin said the clear international trend in Hague Convention cases is to reject the parental intention approach in favour of a ‘multi-factored hybrid approach.’

Friday, April 20, 2018 @ 10:11 AM

The Supreme Court has adopted a new, multifactored “hybrid approach” to be used by courts to determine a child’s “habitual residence” under the Hague Convention in a 6-3 judgment which puts less emphasis on the warring parents’ intention as to where their children should live, and more on the circumstances of the wrongfully removed children at the time their return is requested, as well as on speeding up the resolution of international child abduction cases. ... [read more]

Court of Appeal ruling highlights perils of firms ‘practising in association’ Geoffrey Adair sm

Friday, April 20, 2018 @ 9:25 AM

The Ontario Court of Appeal recently wrestled with the issue of liability in a defamation claim that arose between two law firms. The complicating factor was that the lawyer alleged to have made the defamatory comments worked in “association” with one of the firms bringing into question the firm’s liability in the action. ... [read more]

B.C. Appeal Court decision on homelessness issue ‘indictment’ of human rights process: law prof  Margot Young

Thursday, April 19, 2018 @ 12:37 PM

The B.C. Court of Appeal has sided with the provincial Human Rights Tribunal in deciding that a program designed to “remove” homeless people from Vancouver’s downtown area was not discriminatory, a decision the plaintiff’s lawyer has vowed to take to the Supreme Court of Canada. ... [read more]