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Wednesday, July 05, 2017 @ 8:45 AM

The personality factor: How to handle different types in a family law mediation Personality types

People who choose mediation do so to achieve a quick, efficient and legally binding settlement. They also do so in hopes of achieving positive and constructive interactions with the other party, gaining closure and moving on with their lives. Regardless of the reason, the mediator is tasked with understanding the differing personality types of the participants and their goals and interests to effectively conduct the mediation. ... [read more]

Thursday, June 29, 2017 @ 8:49 AM

Parenting co-ordination still misunderstood by courts Parenting coordination

As family law in Ontario has evolved, there has been a growing recognition that the solutions to many of the parenting disputes brought before the Ontario courts is not legal but psychosocial. Parenting co-ordination is a service provided by lawyers and mental health professionals with expertise in family law that helps parents make responsible parenting decisions. ... [read more]

Wednesday, June 28, 2017 @ 8:48 AM

MAINTENANCE AND SUPPORT - Spousal support - Calculation or attribution of income - Considerations - Effect of benefits from third parties - Effect of potential of claimant

Appeal by the husband from a ruling in respect of spousal support. The parties lived together for several years prior to marrying in 2002. They separated in August 2012. Their child, born in 2003, resided primarily with the wife. A September 2013 interim order required the husband to pay monthly child support of $813 and monthly spousal support of $2,125 based on a deemed income of $93,400. ... [read more]

Tuesday, June 27, 2017 @ 2:07 PM

Judges appointed to federal courts, Alberta Court of Queen's Bench

Justice Minister Jody Wilson-Raybould has appointed judges to the Federal Court of Appeal, the Federal Court and the Court of Queen’s Bench of Alberta. The appointments were announced on June 23, along with others in Ontario, Quebec and British Columbia. ... [read more]

Tuesday, June 27, 2017 @ 2:05 PM

Justice minister appoints two new judges to Quebec's Superior Court

Justice Minister Jody Wilson-Raybould announced on June 23 the appointment of two new judges to Quebec's Superior Court. Sitting judges will fill four vacancies on the Superior Court and the Quebec Court of Appeal. ... [read more]

Monday, June 26, 2017 @ 12:41 PM

Five new judges are heading to Ontario's Superior Court of Justice

Five new judges have been appointed to the Superior Court of Justice in Ontario, Justice Minister Jody Wilson-Raybould announced on June 23. The appointments were made under the new judicial application process announced last October. ... [read more]

Monday, June 26, 2017 @ 9:17 AM

Asian legal clinic toll-free hotline has access to justice dialled in Avvy Go

A toll-free hotline launched on June 18 at the Metro Toronto Chinese and Southeast Asian Legal Clinic will provide legal advice for people across Ontario whose access to justice is limited by language barriers. ... [read more]

Wednesday, June 21, 2017 @ 2:39 PM

Ontario plans new courthouse for Halton Region

Ontario is investing in a new courthouse in Oakville that will help families settle disputes faster, reduce time to trial and better serve the needs of people living and working in Halton Region. ... [read more]

Wednesday, June 21, 2017 @ 8:48 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Types - Separation agreements - Consensus, lack of - Misrepresentation - Fraudulent or intentional misrepresentation

Appeal by the husband from an order setting aside the parties’ separation agreement, awarding the wife equalization, and ordering the husband to pay retroactive child support of $450,000. The parties met in 1991 when the wife worked as a lawyer and the husband and his businesses were clients of the firm where she worked. They moved in together in 1993 and the husband commenced divorce proceedings against his former wife. The wife started working exclusively for the husband and his companies in 1993. The parties’ three children were born in 1994, 1997 and 1999. The husband’s outstanding family law proceedings with his former wife were settled in 1999. The wife left the practice of law in 2001. The parties separated in 2008. The wife accepted the husband’s figures for the valuation of their family property and agreed that she owed him almost $1 million in equalization. In their 2008 separation agreement, the wife was released from her obligation to make a $954,150 equalization payment. No child support was to be paid because the children were to spend equal time with both parties. The issue of child support was to be reviewed yearly after 2010. After she signed the agreement, the wife became concerned that the husband had overvalued the corporate assets he brought into the relationship, resulting in her owing him an equalization payment. Documents that were filed in the husband’s first divorce proceedings established that he essentially brought no assets of value into his second marriage. The wife applied in 2009 to set aside the separation agreement based on the husband’s misrepresentations about his assets, but her claim was summarily dismissed because she had failed to conduct her own investigation into the values when she had the opportunity to do so. She succeeded on appeal. The appeal judge found that the wife bore no onus to inquire about the veracity of the husband’s figures in circumstances where he made deliberate material misrepresentations. A trial was ordered, at which the husband was found to have intentionally misrepresented the value of his corporate holdings at the date of the marriage at $6 million over their actual value. The trial judge gave no value to litigation assets the husband claimed he was entitled to at the date of the marriage, finding that the deluge of litigation in which the husband was then involved and the lack of credible evidence upon which to determine the likelihood of settlement about any of the litigation receivables claimed precluded a reasonable assessment of their value. Retroactive child support was ordered because the wife’s post-separation income was lower than anticipated, while the husband’s was higher than anticipated, and because the husband had engaged in blameworthy conduct in misrepresenting his assets. ... [read more]

Monday, June 19, 2017 @ 12:36 PM

Nova Scotia Barristers' Society new leadership announced

The Nova Scotia Barristers’ Society announced its new leadership for the coming year at its annual meeting on June 17. ... [read more]