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Thursday, April 27, 2017 @ 02:42 PM

Lawyers table motion to implement rules on paralegals' practice in family law Subscriber only content Michael Lesage

A group of lawyers has signed a motion to be presented at the Law Society of Upper Canada’s annual general meeting on May 10 that would require certain provisions to be made if paralegals are allowed to expand their scope of practice into family law. ... [read more]

Thursday, April 27, 2017 @ 02:13 PM

SCC set to hear rare Hague Convention case but appeal might be moot Subscriber only content Philip Epstein

The Supreme Court has announced it will hear separate appeals in a pay equity case from Quebec and in an internationally significant case from Ontario on the Hague Convention on the Civil Aspects of International Child Abduction. ... [read more]

Thursday, April 27, 2017 @ 08:37 AM

Emotional intelligence and the art of negotiation Subscriber only content

A few years according to negotiator coach Jim Camp, neuroscientist Antonio Damasio made a ground-breaking discovery. He studied people with damage in the part of the brain where emotions are generated. He found that they seemed normal, except there was one peculiarity, not only were they unable to feel emotions, they were also unable to make decisions. According to Camp, this finding has enormous implications for lawyers who spend most of their time negotiating. Lawyers who believe they can build a case for their side using reason and logic alone are doomed to be poor negotiators as they don’t understand or appreciate that the real factors driving the other party to come to a decision, aren’t based on logic, but rather on emotion. ... [read more]

Thursday, April 27, 2017 @ 08:29 AM

CUSTODY AND ACCESS - Practice and procedure - Appeals and judicial review Subscriber only content

Application by the mother for leave to appeal two orders of the Court of Queen’s Bench sitting as an appeal court under the Family Law Act. The parties were in a relationship for two and one-half years and their daughter was born in 2011. For more than two years, the parties proceeded under a consent order pursuant to which they agreed to share parenting time. When the applicant lost her job, she moved to Ontario and the parties entered into a consent order in February 2016 that allowed for two-weeks-on, two-weeks-off parenting between Ontario and Alberta, on the premise the applicant would return to Alberta. In October 2016, after a hearing during which the parties relied on viva voce evidence, the Provincial Court ordered that the daughter would reside with the applicant in Ontario, as the applicant had decided she was not returning to Alberta. The father appealed the decision to the Court of Queen’s Bench. The Court of Queen’s Bench held that the trial judge erred by failing to consider whether there had been a material change in circumstances and allowed the parties to submit additional affidavit evidence on the issue. The Court of Queen’s Bench then found that there had been no change in circumstances and overturned the trial decision. A parenting arrangement was not determined. The applicant sought leave to appeal, submitting that the appeal judge did not meet the standard of review and that the trial judge’s finding that there had been a significant change in circumstances was entitled to deference. The applicant also submitted that the appeal judge had no jurisdiction to order affidavit evidence on the same evidence that was before the trial judge in viva voce testimony, and argued that the appeal judge erred by substituting his own factual findings for those of the trial judge. In addition, the applicant argued that the appeal judge erred in law by finding a material change in circumstances was required from an interim order. ... [read more]

Wednesday, April 26, 2017 @ 08:36 AM

Coming clean about non-disclosure | John-Paul Boyd Subscriber only content

It’s been more than 20 years since Justice Peter Fraser described non-disclosure as “the cancer of matrimonial litigation” in Cunha v. da Cunha, and yet problems securing adequate financial disclosure continue to bedevil family law disputes. ... [read more]

Monday, April 24, 2017 @ 11:23 AM

CUSTODY AND ACCESS - Considerations - Best interests of child - Conduct of parents - Expert report or assessment - Custody - Sole custody - Access - Decision-making authority Subscriber only content

Appeal by the father from an order granting the wife sole custody and allocating parenting time. The parties were married in 2007 and separated in 2014. Their two children were born in 2008 and 2010. The father worked as a pharmacist and the mother worked as a registered nurse. A nine-day trial addressed, among other things, custody and parental responsibilities. A psychologist recommended a joint custody regime with shared parenting. The trial judge rejected the psychologist's recommendation, citing one event of family violence between the husband and wife, physical discipline incidents involving the father and children, and an incident in which the father arranged for a prostitute to attend the family home. The mother was awarded sole custody and guardianship with final decision-making authority. The father was granted parenting time for three hours, two weekday evenings per week and for six hours on alternate Saturdays and Sundays. The father appealed. ... [read more]

Friday, April 21, 2017 @ 01:44 PM

Law Foundation seeks to fund family law innovation

The Law Foundation of Ontario is looking to fund innovative ideas that improve access to family law. ... [read more]

Friday, April 21, 2017 @ 10:54 AM

How the courts do the math on family loans Subscriber only content

Question: My wife and I have decided to separate. My brother loaned us $50,000 during our marriage to pay off various debts and to purchase a car. My wife now denies that the money was a loan; she claims it was a gift from my brother. When we borrowed the money, we signed a hand-written document that my brother drew up that says we borrowed $50,000 from him and that we promise to pay him back when we are able. After he found out that my wife and I were separating, my brother called me and my wife and asked us when we would pay him back the money we borrowed from him. What happens to the $50,000 loan now that my wife denies it even exists? ... [read more]

Thursday, April 20, 2017 @ 03:30 PM

Alberta research project aims to study impact of unbundled legal services Subscriber only content John-Paul Boyd

Access to justice has become a hot topic for legal communities across Canada and one idea promoted to help alleviate this problem is to have lawyers provide unbundled services. ... [read more]

Tuesday, April 18, 2017 @ 11:13 AM

B.C. residents can dial up free legal advice on April 22

The Canadian Bar Association, B.C. branch, is hosting a Dial-a-Lawyer Day on April 22 as part of Law Week celebrations. ... [read more]