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Friday, January 24, 2020 @ 9:44 AM

Concerns over adverse reactions to vaccines outweighed by risk of contracting disease, B.C. judge rules

A B.C. provincial court judge has ordered two boys to be vaccinated despite concerns by their mother about possible adverse effects, but a legal expert is saying, while the decision to immunize itself is in line with how courts are trending on the issue, he is concerned about some of the other findings in the case. ... [read more]

Friday, January 24, 2020 @ 9:20 AM

Cyber threat to high net worth individuals growing data_proection_sm

Most multimillion-dollar corporations have robust privacy and security programs, or are in the process of developing them to protect their corporate crown jewels. However, as corporate entities are developing sophisticated processes to mitigate against cyberattacks, hackers have discovered another artery through which to get to these precious stones, leaving high net worth individuals (HNWI), their estates and family offices vulnerable to cyberattacks and privacy breaches. ... [read more]

Friday, January 24, 2020 @ 6:21 AM

EQUALIZATION OR DIVISION - Valuation of assets - Exempt acquisitions and deductions

Appeal by the wife from trial judgment dividing matrimonial property and denying her claim for spousal support. ... [read more]

Thursday, January 23, 2020 @ 12:51 PM

Law not always fair to litigants who retain counsel | Gary Joseph

Recently I commented on what I perceived to be issues arising from the increasing presence of self-represented litigants in family law matters. In that column I commented on the Canadian Judicial Council’s Statement of Principles. I raised concerns with respect to these principles. I stated the following: ... [read more]

Wednesday, January 22, 2020 @ 12:33 PM

What is a household? Two-storey house

Traders General Insurance Company v. Gibson 2019 ONCA 985 clarifies the law with respect to who qualifies as a member of a household, but the analysis remains very fact-driven. One cannot help but anticipate further disputes in this area, given the increasing prevalence of non-traditional living arrangements, particularly in large Canadian cities. ... [read more]

Tuesday, January 21, 2020 @ 3:09 PM

The dreaded prenuptial agreement: It’s the family’s business | Phil Kriszenfeld

The “prenup agreement” is one of the many uncomfortable topics that may (and should) be brought up before a family member gets married. Ideally it should be brought up before the ring is even purchased. ... [read more]

Tuesday, January 21, 2020 @ 9:16 AM

LEAF to host panel on what lawyers can do to help legal aid Katherine Long sm

Amidst cuts to Ontario’s legal aid funding, the legal profession has rallied around the cause, stressing the importance of access to justice and the need for action. The Women’s Legal Education and Action Fund’s (LEAF) Toronto branch is taking the discussion to the next level by hosting a panel on Jan. 23 to address the cuts head on. ... [read more]

Tuesday, January 21, 2020 @ 8:20 AM

Disability support: Guardianship applications brain_workings_sm

Under Ontario law, adult capacity is task-based rather than diagnosis-based. The upshot is that an individual’s required level of capacity can vary depending on the nature of the decision to be made. For example, having capacity to make a will or power of attorney (POA) is different from having capacity to manage property and finances or make personal care decisions. ... [read more]

Monday, January 20, 2020 @ 2:10 PM

Amicus curiae in private family law cases puzzle_piece_sm

The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]