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Wednesday, November 25, 2020 @ 1:40 PM

Can we still be friends? Preparing clients for estate mediation estate_mediation_sm

Lawyers have a duty to reconcile broken relationships before venturing into litigation, especially if that relationship involves “family.” Most estate disputes involve family members and loved ones. If someone dies the entire family is emotionally challenged and at that point, if you add the baggage of litigation, it is even more demanding. ... [read more]

Tuesday, November 24, 2020 @ 2:35 PM

Convicts need not apply: Court dismisses appeal of adoption applicants Family

Would you be an unfit parent if you pleaded guilty to fraud under $5,000? The New Brunswick Court of Appeal recently dismissed an appeal by two prospective adopting parents who were found unsuitable to adopt by the Minister of Social Development. ... [read more]

Tuesday, November 24, 2020 @ 11:58 AM

Feds urged to establish law commission on sentencing reform headspinning.jpg

Using his cane, Peter Brooks bludgeoned a paralyzed care home resident to death as she slept in bed. He was convicted of second-degree murder and sentenced to life in prison with no parole eligibility for 10 years (R. v. Brooks 2017 ONSC 439). ... [read more]

Tuesday, November 24, 2020 @ 8:48 AM

Detraumatizing court emptycourtroom.jpg

The legal industry lacks diversity. The Canadian Centre for Diversity and Inclusion has indicated that since 2014, the number of women and racialized lawyers becomes greatly reduced in partner and senior leader roles in our industry. Yet in many instances it is senior members of the legal profession who act as advocates and ultimate decision makers for the lives of a very diverse populace. The legal profession may thus be incapable of accounting for post-colonial trauma that emerges for many individuals by virtue of merely being in a courtroom. ... [read more]

Tuesday, November 24, 2020 @ 6:05 AM

CUSTODY AND ACCESS - Considerations - Expert report or assessment

Appeal by the father from guardianship and parenting orders. The parties were involved in high conflict family law litigation. The mother was the primary caregiver, and often the sole caregiver, to children, now ages 9 and 10. ... [read more]

Monday, November 23, 2020 @ 4:18 PM

Nova Scotia committee recommends more mask wearing in courtrooms

A COVID-19 court recovery committee in Nova Scotia is calling for increased mask wearing in courtrooms following the federal government’s warning of the “aerosol transmission” of the virus. ... [read more]

Monday, November 23, 2020 @ 1:32 PM

Access to Justice: Will COVID-19 justice become the norm? | Beverley McLachlin

I am an optimist. In previous columns I have expressed the hope that COVID-19 will reveal the inefficiencies and gaps in how we deliver justice to Canadians and allow us to build a better justice system that combines the strengths of the current system with new thinking on how to run our justice institutions more efficiently and humanely. ... [read more]

Monday, November 23, 2020 @ 11:38 AM

Tax savings from Personal Real Estate Corporations Woman showing house of money

The Ontario government has enacted legislation to permit real estate agents to incorporate professional corporations. This allows real estate agents to follow strategies similar to those of most other professional groups, which have been allowed to incorporate for quite a few years. ... [read more]

Friday, November 20, 2020 @ 1:22 PM

Tackling tort claims in family law cases Judge between angry parents

It’s no secret that family law disputes involve emotionally charged issues. While these are typically addressed within family law’s specialized statutory frameworks, they can also give rise to claims in tort more familiar to civil litigators. There are reasons that introducing torts may be helpful in certain family law disputes. ... [read more]

Friday, November 20, 2020 @ 12:57 PM

Politicization of senior appointments alarms Tribunal Watch Ontario | Gary Yee and Raj Anand

Tribunal Watch Ontario is alarmed by the recent series of Ontario cabinet appointments to senior leadership positions at Tribunals Ontario, the newly created cluster of 14 justice tribunals. Conservative party connections appear stronger than qualifications in some cases. Tribunal Watch Ontario (a public interest organization with a mission to promote tribunal independence and access to justice) calls for an independent review of the appointments and reappointments processes for Ontario tribunals. ... [read more]