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Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]

Thursday, December 12, 2019 @ 1:39 PM

FAMILY PATRIMONY - Establishment - Residences

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision declaring that the value of the family residence should be included in the division of the family patrimony. ... [read more]

Thursday, December 12, 2019 @ 1:37 PM

B.C. family law reform proposals aimed at less adversarial system, smaller burden on courts Wesley Shields, FH&P Lawyers

The government of British Columbia is considering a significant revamp of how family matters are dealt with in provincial court, with an eye to making the system less adversarial and easier to navigate, as well as helping to ensure actions can be resolved before taking the big step of going before a judge. ... [read more]

Thursday, December 12, 2019 @ 11:13 AM

Kids on the move: Assessing best interests under Divorce Act amendments Mother and child on moving day

Among the major changes to the Divorce Act in 2020 is the inclusion of a non-exhaustive list of factors to guide a court’s assessment of a child’s best interests. The revised mobility provisions add seven factors for the court to consider when contemplating the relocation of a child. ... [read more]

Thursday, December 12, 2019 @ 6:31 AM

CHILD PROTECTION - Considerations - Permanent appointment or Crown wardship

Appeal by the mother from a ruling affirming a summary judgment for extended society care. ... [read more]

Tuesday, December 10, 2019 @ 11:57 AM

Downey stresses modernization in unveiling reforms to legal aid, law society legislation Doug Downey sm

Bill 161, the Smarter and Stronger Justice Act, introduced by Attorney General Doug Downey on Dec. 9, proposes amendments to over 20 Acts and, if passed, will impact the legal regulator, Legal Aid Ontario (LAO), class actions and how lawyers practise in different areas across the province. ... [read more]

Tuesday, December 10, 2019 @ 9:06 AM

Panel applauds Divorce Act changes that highlight mediation, best interests of child Claire Faird, Nicholas Bala, Rachel Birnbaum, Lorne Wolfson sm

Family justice experts at the fifth annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference lauded amendments to the Divorce Act, which they say signal a “cultural shift” in best interest of the child duties as well as an emphasis on mediation. ... [read more]

Tuesday, December 10, 2019 @ 8:03 AM

MAINTENANCE AND SUPPORT - Spousal support - Calculation or attribution of income

Appeal by the husband from an order of a Chambers judge reviewing a 2016 trial decision awarding the wife spousal support of $8,000 until further order. ... [read more]

Friday, December 06, 2019 @ 1:22 PM

Law firm marketing: Asking the big questions | Jana Schilder

There are two truths in law firm marketing for the coming year that have not changed in decades: One is that business is always about who is willing to give your firm the business as opposed to a competitor. And two, the best lawyers constantly take action to expand their “sphere of influence.” ... [read more]

Friday, December 06, 2019 @ 9:22 AM

Kids on the move: Procedural changes to mobility under Divorce Act amendments Mother and child on moving day

Among the changes to the Divorce Act in 2020 is a revision of the way mobility matters are handled. The amendments provide new procedural requirements for notice of a relocation, require the consideration of additional factors in assessing a child’s best interests and allocate burdens of proof for the parties involved. ... [read more]