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Monday, June 17, 2019 @ 11:14 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Discrimination, what constitutes

Appeal by the husband from a decision finding s. 112(3) of the Family Services Act, which required an unmarried spouse to file an application for spousal support within one year of the date of separation while no such time limit existed for a married spouse, unconstitutional. ... [read more]

Monday, June 17, 2019 @ 10:57 AM

Parent, grandparent sponsorship: managing intake, expectations grandparents_immigration_sm

The goal of family reunification is a noble and essential one, guiding the interpretation and application of Canadian immigration law. This goal is codified in s. 3(d) of the Immigration and Refugee Protection Act, which states that one of the primary objectives of the Act is to see that “families are reunited in Canada.” ... [read more]

Friday, June 14, 2019 @ 12:17 PM

Manitoba plans to ‘modernize’ courts, but questions remain Cliff_Cullen_sm

Details such as start date and cost remain unknown in Manitoba’s bid to replace its old and fragmented court system with computerized management. The province’s government announced on May 28 its plans to “modernize Manitoba’s courts through the development of an Integrated Case Management System (ICMS),” integrated computer technology linking courts across the province. ... [read more]

Friday, June 14, 2019 @ 11:10 AM

Independent paralegals signal major invasions of lawyers’ markets | Ken Chasse

Some of Canada’s law societies are creating new types of paralegal workers, being persons of lesser qualifications, licensed to provide certain types of legal services. The Law Society of Ontario (LSO) is in the process of creating family law specialist paralegals, and the Law Society of British Columbia has a Licensed Paralegal Working Group considering what services, and training, would non-lawyers need to be able to provide legal services in family law matters. ... [read more]

Friday, June 14, 2019 @ 9:38 AM

CBA urges federal candidates to advocate for legal aid, launches social media campaign Ray Adlington 2018 sm

The Canadian Bar Association (CBA) is mobilizing to put legal aid on the radar of candidates running in the 2019 federal election. On June 13, the organization launched a social media campaign with the hashtag #LegalAidMatters to rally the profession to the cause. The CBA’s national president, Ray Adlington, along with all 13 CBA branch presidents have also written an open letter to federal party leaders urging them to “commit to access to justice for all Canadians.” ... [read more]

Friday, June 14, 2019 @ 9:31 AM

When a family trust is really a sham crossed_fingers_sm

Your client is the settlor of a family trust, one she claims was intended to be a gift to her children upon the last of the three children attaining the age of 30 years. The parties have separated. The wife maintains that the trust’s assets are neither hers’ nor her husband’s, but belong to the children who are the beneficiaries, and therefore do not form part of the net family property. The husband, who is the children’s father, counters that the trust is a sham that his wife uses to support the family’s lavish lifestyle whilst shielding the assets from forming part of the net family property. As a result, he argues, the trust should be considered so as to increase the equalization payment to him by approximately $10 million. ... [read more]

Thursday, June 13, 2019 @ 9:48 AM

Knowledge gaps regarding spyware used for abuse need to be addressed, researcher says Cynthia Khoo sm

Applications used to track or monitor mobile devices such as cellphones are being repurposed to perpetrate intimate partner violence, noted a pair of reports released by The Citizen Lab on June 12. ... [read more]

Tuesday, June 11, 2019 @ 11:50 AM

A law girl’s bump in the road: clashing Indian and Canadian values Pregnant woman

I told my father first about my pregnancy, over the phone. His reaction: “Wow! I wasn’t expecting that news. I thought you were going to tell me that you failed a course or something. You’re old enough and married, so what is there to be upset about? Just tell me that you are finishing law school.” Telling my mother about my pregnancy was another thing altogether. “How can you do this to me?” she said. ... [read more]

Monday, June 10, 2019 @ 10:36 AM

MARITAL PROPERTY - Equalization or division - Valuation of assets

Appeal by the husband from trial judgment respecting division of assets and from the cost award ordering the parties to bear their own costs without giving them an opportunity to be heard. ... [read more]

Friday, June 07, 2019 @ 1:53 PM

Don’t allow nitwits to overshadow real amber alert concerns | Laurelly Dale

It’s difficult, if not impossible, to resist the urge to ask: “what’s wrong with you?” to the 300-plus that called 9-1-1 to complain about the amber alert May 14, 2019. Guessing their end game leaves one baffled. The mayor of Toronto shouldn’t have to remind people that 9-1-1 is for emergencies only.  ... [read more]