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Family

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Thursday, November 23, 2017 @ 9:57 AM

Courts consider whether alcohol mixes with employment in imputing income

Society and the courts recognize that many factors contribute to substance abuse and addiction, and that any illness, including alcoholism, is rarely a matter of fault. However, when an individual attempts to use alcoholism to gain a monetary advantage in the courts, the refusal or failure of a party to take all reasonable steps to deal with such an illness can be viewed critically. ... [read more]

Tuesday, November 21, 2017 @ 1:47 PM

Dispute resolution conference highlights need to include paralegals, mediators in family law Noel Semple and Justice Annemarie Bonkalo sm

Couples going through separation or dispute resolution need help from a court system that is unaffordable, clogged with trials and complicated paperwork. What is the solution? ... [read more]

Monday, November 20, 2017 @ 1:00 PM

Legal aid veteran now champions causes for impoverished pro bono

For 31 years, Vince Calderhead worked for Nova Scotia Legal Aid helping individuals living in poverty address a diverse and dire range of legal issues. He retired earlier this year — and almost immediately went to work in private practice with Pink Larkin. That work, however, is unique in Canada. Calderhead, who is counsel in the Halifax law firm, does not charge for his services. ... [read more]

Monday, November 20, 2017 @ 8:35 AM

ADOPTION - Considerations - Best interests of child - Adoption by custom - Practice and procedure

Appeal by both the birth parents and foster parents of a child from a Supreme Court of British Columbia order striking their petition as an abuse of process. ... [read more]

Wednesday, November 15, 2017 @ 9:16 AM

Law Foundation’s Access to Justice Fund making a difference: report Tanya Lee

Access to justice has been enhanced across Canada thanks to a one-of-a-kind program launched by the Law Foundation of Ontario, a new report has concluded. ... [read more]

Tuesday, November 14, 2017 @ 3:13 PM

New family court position for Justice Douglas

Justice Peter A. Douglas who has been a judge of the Superior Court of Justice of Ontario, now has some new duties. He has been named as a member of the family court in Barrie. ... [read more]

Tuesday, November 14, 2017 @ 8:01 AM

MARITAL PROPERTY - Equalization or division - Exempt acquisitions and deductions - Practice and procedure - Appeals

Appeal by the husband from a trial judgment ordering equalization of family property and affirming validity of an Islamic marriage contract. ... [read more]

Monday, November 13, 2017 @ 9:16 AM

B.C. Court of Appeal confirms commitment to settlements in spousal support case

Out-of-court negotiation mechanisms must not prejudice a spouse’s right to court-ordered relief, the British Columbia Court of Appeal ruled in the recent case of Francis v. Francis. Parties caught up in family law disputes should be able to take their time and freely negotiate settlements without fear of losing their legal rights in court, if court is the only avenue to take. ... [read more]

Wednesday, November 08, 2017 @ 6:09 AM

MARITAL PROPERTY - Equalization or division - Practice and procedure - Courts - Jurisdiction

Application by the husband for leave to appeal a jurisdictional ruling. ... [read more]

Thursday, November 02, 2017 @ 8:40 AM

When a dollar’s not a dollar: Contingent taxes on RRSPs in matrimonial disputes

Mr. and Mrs. Smith have decided to get a divorce. When couples end a marriage, an equalization payment is required that considers the value of their matrimonial assets. Mrs. Smith’s RRSP portfolio statement says her RRSP is valued at $1 million. But how much is her RRSP worth for matrimonial equalization purposes? ... [read more]