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Monday, June 24, 2019 @ 9:30 AM

MAINTENANCE AND SUPPORT - Child support - Retroactive awards

Appeal by the father from trial judgment determining child support payable. ... [read more]

Monday, June 24, 2019 @ 9:09 AM

Implicit behaviour guidelines for counsel served up in appeal decision fighting_lawyers_sm

The Ontario Court of Appeal has recently issued a sharp caution to counsel who maintain their excessively adversarial positions over and above their duty to the court. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Friday, June 21, 2019 @ 10:23 AM

Divorce Act reforms clear key Senate hurdle Family standing on book

With Canada’s Senate taking a more active role in scrutinzing legislation passed by the House of Commons, there was a concern that Bill C-78, the proposed reforms to the Divorce Act, might not be enacted before the Parlimentary session ends. However, as a result of a report from the Senate Committee on Legal and Constitutional Affairs and a change to the bill about parenting time, it is certain the new law will be enacted in the coming weeks. ... [read more]

Thursday, June 20, 2019 @ 8:22 AM

Legal organizations in B.C. pledge to act on access to justice CBABC president Margaret Mereigh

Over 50 justice sector organizations in B.C. have pledged to work toward improving access to justice in the civil justice and family law field, and the group spearheading the move says the plan is not about prescribing solutions but ensuring collaboration among different players in the system. ... [read more]

Thursday, June 20, 2019 @ 8:16 AM

Estranged couples who don’t change their wills: Unintended consequences separated_couple_sm

The divorce rate in Canada has been pretty much flat for decades, sitting somewhere between 38 and 42 per cent. It is no secret that lawyers are expensive. A few years back, there was an article in the media about how (some) lawyers themselves could not afford to pay their own fees if they needed legal services. ... [read more]

Wednesday, June 19, 2019 @ 2:58 PM

Making joint experts mandatory is long overdue 2 people shaking hands

The Family Law Act in British Columbia and the Family Law Rules thereunder have implemented a mandatory requirement for the use of joint experts on financial issues in family cases. The rule is stated in mandatory terms. This is a change that is long overdue and one that should be the norm in family law matters across the country. ... [read more]

Wednesday, June 19, 2019 @ 2:24 PM

Indigenizing justice | Kurt Sandstrom

As we celebrate National Indigenous Peoples’ Day (June 21) and their culture, achievements and contributions, this is also an opportunity to consider how the justice system can better meet the needs of Indigenous people. ... [read more]

Tuesday, June 18, 2019 @ 10:24 AM

MAINTENANCE AND SUPPORT - Child support - Undue hardship

Appeal by the mother from a 2016 child support order for the parties’ young daughter. The father resided in Ontario. The mother had primary care. The father was the sole shareholder and director of two companies that operated as a snow removal and landscaping business. ... [read more]

Monday, June 17, 2019 @ 3:04 PM

Assets must be carefully untangled in grey divorces 2 people pulling at knot

There are a number of reasons why more spouses over age 50 are opting to part ways, colloquially known as a grey divorce. While the rules and procedures surrounding divorce do not change based on a couple’s age, a grey divorce presents some unique challenges pertaining to asset redistribution that family lawyers must be aware of when helping their client. ... [read more]