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Thursday, August 06, 2020 @ 1:02 PM

Parental decision making should be left to parents City bus

If raising children is not hard enough, having government authorities and judges assess and critique parental decision making can be a source of unneeded frustration. Most parents are guided by strong family values and commitment to their children. ... [read more]

Thursday, August 06, 2020 @ 10:44 AM

Unanswered questions burden Ontario back-to-school plan | Rachel Goldenberg

There's nothing like the start of school: the bright new backpack, the smell of new textbooks and the feel of … face masks? ... [read more]

Thursday, August 06, 2020 @ 9:31 AM

Bid to cancel prenup not barred by two-year limitation period, rules Ontario Court of Appeal Carolyn Shelley sm

An Ontario man who wanted to set aside a marriage contract so he could claim spousal support and property equalization should not be barred by the standard two-year limitation period for all claims set out in the province's Limitations Act, 2002, the Ontario Court of Appeal has ruled. ... [read more]

Thursday, August 06, 2020 @ 8:33 AM

Long-term impact of Safe Third Country Agreement decision danger_sign_sm

In our first article in this series, we discussed the decision in Canadian Council for Refugees v. Canada (Minister of Immigration, Refugees and Citizenship) 2020 FC 770, ruling that the legislation colloquially referred to as the Safe Third Country Agreement, or STCA, was unconstitutional and is therefore of no force or effect. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Wednesday, August 05, 2020 @ 8:20 AM

After COVID-19 we can never go back | Gary Joseph

The pandemic has most abruptly changed the legal landscape and the practice of family law. The speed within which change has occurred is breathtaking. I am often a severe critic of the court system, but I take this opportunity to extend sincere appreciation to those directing the change and most definitely to the court staff who are at the forefront of the recent innovations. Please, I beg you, let’s never go back to the old normal. Let me be more specific and more clear. ... [read more]

Tuesday, August 04, 2020 @ 12:31 PM

Disproportionate effects of poverty on divorced women: An access to justice issue Woman with broken piggy bank

Section 15 of the Canadian Charter of Rights and Freedoms promises every citizen equal protection and benefit of the law without discrimination. Despite this, gender inequities within governmental policies, an existing wage gap and difficulties balancing familial obligations with professional development leave divorced women susceptible to high rates of poverty. ... [read more]

Tuesday, August 04, 2020 @ 9:49 AM

LSO proposal to allow paralegals to provide family law services garners mixed reaction Law Society of Ontario (LSO) treasurer Teresa Donnelly

The Law Society of Ontario (LSO)’s proposal to allow paralegals a limited licence to deal with family law issues is receiving a mixed reaction from practitioners in the field, with some saying it offers the potential to help address an access to justice crisis but others arguing it could create even more backlog in the system. ... [read more]

Friday, July 31, 2020 @ 9:51 AM

Reports disclose federal judge expenses for first time Wayne_MacKay_sm

For the first time, amounts federally appointed judges are expensing for things such as office equipment, Internet, home security and travel have been made public. The work-related expenses were released July 28 in two separate reports, one from the Supreme Court of Canada with details expenses claimed by its judges and one from the Office of the Commissioner for Federal Judicial Affairs (FJA), which did the same for all other federally appointed judges across the country. ... [read more]

Thursday, July 30, 2020 @ 3:30 PM

Retired judges, universities part of B.C. provincial court backlog response B.C. Attorney General David Eby

Holding traffic court at school sites and retired judges returning to service are two of several recent actions taken by British Columbia and the provincial court to help reduce backlogs and delays due to the COVID-19 pandemic. ... [read more]