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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]

Tuesday, November 05, 2019 @ 12:45 PM

Breakthrough Innovation: New models for practice of law | Kurt Sandstrom

With the exception of technology, the basic model of the practice of law has not changed in any drastic way over the last 30 years, likely longer. While there are pockets of innovation, for the most part, a client usually seeks out a legal professional according to a set number of already established “problem areas” in which lawyers advertise their assistance: wills, estates, personal injury, family law, etc. However, it is very clear from statistics that the vast majority of people’s legal problems cannot be served through this model.  ... [read more]

Tuesday, November 05, 2019 @ 8:51 AM

Legal coaching, unbundled services highlighted by panel on A2J for self-reps (L-R) Tami Moscoe, Joel Miller, Heather Hui-Litwin, Noel Semple, Janis Criger

Legal coaching and unbundled services as a means to improve access to justice for self-represented litigants were lauded by panelists at an Access to Justice event on Oct. 29 at the Law Society of Ontario (LSO). The panel also tackled the role of the regulator and decision-makers in assisting self-reps through a system geared towards lawyers. ... [read more]

Tuesday, November 05, 2019 @ 8:17 AM

Challenge to authenticity of signatures on will will_signature_sm

The decision in Bayford v. Boese 2019 ONSC 5663 involved a dispute over signatures on a will. The challenger neither disputed that the will embodied the testator’s intentions, nor that it was procured by undue influence, or that the testator lacked capacity. The only issue raised was whether the testator signed the will and that the will was executed in the presence of witnesses. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 8:46 AM

Fraudulent conveyance and Stone v. Stone: 18 years later money_behindback_sm

It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone 2001 55 O.R. (3d) 491. In this case the court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case. ... [read more]