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Monday, February 24, 2020 @ 10:58 AM

CUSTODY AND ACCESS - Removal of children from jurisdiction

Appeal by the father from summary judgment permitting the mother to move with the children from Regina, Sask., to Manitoba. ... [read more]

Friday, February 21, 2020 @ 2:06 PM

Humour in the practice of law: Seriously | Marcel Strigberger

Are you sometimes overstressed practising law? Is your sense of humour dormant or even worse, muzzled? Of course not, but if it is … ... [read more]

Friday, February 21, 2020 @ 12:55 PM

Staggering cost award: How to lose big canadian_cash_sm

The Family Law Rules require costs to be determined promptly after each step in a case. The rationale for this rule is obvious but perhaps twofold; the judge hearing the “step” is best able to assess costs and the court’s assessment of costs can and should illuminate for the parties the necessity of reasonable litigation conduct. A recent ruling on costs arising from a summary judgment motion in Leitch v. Novac 2019 ONSC 1534, heard by Justice Cory Gilmore of the Superior Court of Justice, is a sage illustration of both rationales. ... [read more]

Friday, February 21, 2020 @ 8:22 AM

Estate freeze: Transferring business ownership to next generation dollarsign_ice_sm

Private businesses — many of which are family-owned and operated — are a key driver of the Canadian economy. Business owners invest heavily, working long hours and putting their capital at risk, to build and maintain their enterprises. Sadly, many businesses fail despite these efforts, but sometimes the results are impressive in terms of job creation, economic impact and growth in the value of the business. It’s been suggested that “estate freeze” tax planning allows wealthy business owners to escape taxation. Whether or not one agrees that wealthy Canadians should pay more taxes, the elimination of estate freeze planning will not make our tax system fairer or more efficient. ... [read more]

Thursday, February 20, 2020 @ 8:31 AM

What every firm should know about e-discovery: Evaluation and implementation ediscovery_software_sm

The need for e-discovery is well documented. So, now that we’ve gotten the “why” out of the way, let’s look at the “how” part of the story. It’s one thing to say, “I want an e-discovery solution,” but knowing how to choose, implement and run one is an entirely different matter. And it’s where even the best intentions go to die. ... [read more]

Wednesday, February 19, 2020 @ 8:31 AM

MARITAL PROPERTY - Equalization or division - Conduct of parties - Concealment of assets

Appeal by the husband from an order valuing and dividing family property. The parties married in India in 1977 and immigrated to Canada in 1979. They raised two children. The parties separated in 2014. ... [read more]

Tuesday, February 18, 2020 @ 3:11 PM

Bill 161 could jeopardize access to justice for women fleeing abuse Woman running

Bill 161, the Smarter and Stronger Justice Act, will amend more than 20 existing pieces of legislation. Of particular concern to advocates for women fleeing abuse are the proposed revisions to the Legal Aid Services Act 1998. ... [read more]

Tuesday, February 18, 2020 @ 9:04 AM

Boosting the rate of technology adoption | Aaron Baer

For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. After all, it’s not unreasonable to wonder how the use of data analytics, process mapping or new technology within a law firm can be considered to be innovative. But the reality is that lawyers (and law firms) are often resistant to change. Being trained to identify all potential risks and being subject to a system that relies so heavily on precedent doesn’t exactly align itself well to change. And of course, there’s the incentive misalignment that will remain present in the legal profession so long as the billable hour reigns supreme. ... [read more]

Friday, February 14, 2020 @ 1:41 PM

False light: Ontario recognizes new privacy tort megaphone_insult_sm

In a landmark decision, V.M.Y. v. S.H.G. 2019 ONSC 7279, Ontario courts have recognized a new privacy tort: the tort of placing a person in false light. This is the third recognized privacy tort in Ontario, with interesting potential consequences for privacy litigation. ... [read more]

Friday, February 14, 2020 @ 11:05 AM

Fostering an amicable divorce: How to avoid what happened in Marriage Story Ladder over chasm

The beginning of the year is a fresh start on many fronts and for some couples, that means getting divorced. While it’s a peak time for separations, it can also be an opportunity to make an amicable divorce the top resolution when handling clients’ divorce cases. ... [read more]