Focus On



Wednesday, July 28, 2021 @ 11:31 AM

Importance of ‘economic self-sufficiency’ on spousal support reviews emphasized by court, counsel says Michael Stangarone, a partner at MacDonald & Partners LLP

The Ontario Court of Appeal has dismissed an appeal on spousal support orders after the dissolution of a common law relationship in a decision, counsel says, highlights the importance of “economic self-sufficiency” in support reviews. ... [read more]

Wednesday, July 28, 2021 @ 9:18 AM

Court split on duty of care owed by doctors to children ‘for alleged negligence’ pre-conception Duncan Embury, partner at Neinstein LLP

The Ontario Court of Appeal was split on whether doctors owe a duty of care to future children for “alleged negligence that occurred pre-conception.” Counsel involved in the case noted that Justice J. Michal Fairburn’s “strong dissent” is significant as “more and more children are born of assisted reproductive technologies.” ... [read more]

Tuesday, July 27, 2021 @ 3:23 PM

Following Australian lead to innovation in family law Robot hands protecting family

Canada is not alone among common law jurisdictions in struggling with how to deal with family law disputes. Looking to innovative initiatives elsewhere may help us identify solutions at home. Australia has already demonstrated itself a leader in family law innovation, with several different solutions emerging from that jurisdiction. ... [read more]

Tuesday, July 27, 2021 @ 3:22 PM

Manitoba returning circuit courts to far-off communities

Manitoba’s provincial court is restarting a number of its circuit courts serving those in rural and remote areas. Over this second half of the summer, circuit courts in communities such as Cross Lake, Poplar River, Nelson House, St. Martin and Gods Lake Narrows will resume following disruptions in their operations due to the COVID-19 health crisis. ... [read more]

Tuesday, July 27, 2021 @ 11:56 AM

A parent’s worst nightmare: International child abduction Boy sitting, watching airplanes through window

Child abduction is the worst kind of child abuse. To wrongfully remove a child from his or her primary parent is the ultimate weapon used by a warring parent. This truism is amply displayed in the case of Y.Q. v. J.D. 2021 BCSC 943 and Y.Q. v. J.D. 2021 BCSC 1185.   ... [read more]

Tuesday, July 27, 2021 @ 5:41 AM

MAINTENANCE AND SUPPORT - Spousal support - Obligation to achieve self-sufficiency

Appeal by the husband from a 2020 spousal and child support order made after a review of a 2017 support order. The wife moved to B.C. from Quebec to accommodate the husband’s employment as an RCMP officer. ... [read more]

Monday, July 26, 2021 @ 1:58 PM

The ‘Brumagem screwdriver’ and family law self-reps | Joel Miller

Our family justice system still uses the “Brumagem screwdriver.” “Brumagem” was a colloquial name for Birmingham, England, and the Brumagem screwdriver was a 19th century slur against the people from there as being so unsophisticated, poor and lazy that they’d use a hammer to drive in a screw. ... [read more]

Friday, July 23, 2021 @ 10:22 AM

Hynes v. Snook: Helpful review of trust principles concerning common law relationships Couple pulling house apart

In Hynes v. Snook [2021] N.J. No. 139, the Court of Appeal of Newfoundland and Labrador provides a lucid analysis of the principles regarding spousal support and unjust enrichment claims following the breakdown of a common law relationship. ... [read more]

Friday, July 23, 2021 @ 8:35 AM

Ontario Court of Appeal confirms splitting of gift, survivorship interest, lawyers say Ira Marcovitch, of Nelligan Law

In a dispute over the division of sale proceeds from a home held in joint tenancy, the Ontario Court of Appeal has sided with the appellant in a decision, counsel said, confirms that a gift and survivorship interest is “separate.” ... [read more]

Friday, July 23, 2021 @ 8:31 AM

Granting power of attorney in a commercial context Power of Attorney painted on a street

Powers of attorney are the subject of a bit of discussion among corporate and commercial lawyers (at least around our neck of the woods). Often, this discussion centres on the requirement and the value of having a witness to the execution of the power of attorney and the enforceability of the power of attorney granted in the absence of such a witness. However, there are many more considerations at play and an absence of awareness to the issues may result in your client incurring more liability than they have bargained for. This article thus briefly explores the use of powers of attorney in the commercial context (such as in a shareholder’s agreement) in light of Ontario’s current common law and statutory framework. ... [read more]