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Monday, November 11, 2019 @ 6:10 PM

Changes to family law legislation: Implications for non-married couples Couple looking at contract

Upon the breakdown of a common law relationship in Alberta, the parties have to rely on complex legal doctrines to establish their respective rights to property acquired during their relationship. However, this will change when Bill 28, the Family Statutes Amendment Act, 2018, becomes law on Jan. 1, 2020. ... [read more]

Monday, November 11, 2019 @ 5:06 PM

Ontario Divisional Court warns family bar to cease routine leave apps which clog the court system

Ontario’s Divisional Court is telling family law lawyers to stop routinely applying for permission to appeal temporary support orders. That message was delivered loudly and clearly when the court recently took the extraordinary step of issuing reasons for dismissing Imran Khan’s bid to appeal a temporary spousal and child support order: Lokhandwala v. Khan 2019 ONSC 6346. ... [read more]

Monday, November 11, 2019 @ 10:54 AM

Fraudulent conveyance and Stone v. Stone: Clarifying inter vivos transfers money_behindback_sm

As we concluded in our previous article, Stone v. Stone 2001 55 O.R. (3d) 491 has been judicially considered at least 42 times but for the most part has been followed. Where courts have come to a different result usually revolves around different facts specific to the particular case being litigated. ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Monday, November 11, 2019 @ 9:18 AM

MARITAL PROPERTY - Equalization or division - Exempt acquisitions and deductions

Appeal by the husband from trial judgment respecting division of family property. The parties were in a relationship from 1997 to 2013. ... [read more]

Thursday, November 07, 2019 @ 1:19 PM

Two new judges for Ontario Court of Justice

Doug Downey, attorney general of Ontario, has announced the appointment of two new justices to the Ontario Court of Justice, effective Nov. 14, 2019. ... [read more]

Thursday, November 07, 2019 @ 9:20 AM

Concerns regarding proposed amendments to Nova Scotia Fatality Investigations Act manindarkcell

In August of this year Greg Hiles died while in custody in the East Coast Forensic Hospital (ECFH) in Nova Scotia. He had been determined to be not criminally responsible (NCR), meaning he was indefinitely confined until found to be sufficiently mentally well by the Criminal Review Board. This means Hiles’ release, and the release of anyone found NCR, is dependant upon receiving effective treatment of their underlying mental illness. ... [read more]

Thursday, November 07, 2019 @ 6:25 AM

CUSTODY AND ACCESS - Child’s preference - Conduct of parents - Parental alienation

Appeal by the mother from trial judgment ordering an immediate custody reversal and prohibiting contact between the 14-year-old child and his mother for six months, with custody and access to be reviewed at the end of the six-month period. ... [read more]

Wednesday, November 06, 2019 @ 2:26 PM

Full financial disclosure in a domestic contract Contract with glasses

Knowledge of both financial positions is crucial to best represent a client so that a fair and equitable domestic contract can be prepared. Inclusion of each parties’ financial position bears so much weight that without it, a domestic contract can be deemed invalid or set aside. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]