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Thursday, October 31, 2019 @ 1:35 PM

Increasing access to justice through lawyer education | Pamela Cross

As I mentioned in my remarks when I received the Guthrie Award recently, there has been little attention paid to ensuring that lawyers — particularly family law lawyers — are educated about the issue of family violence. This creates a significant barrier to access to justice for families where violence has been a factor. ... [read more]

Thursday, October 31, 2019 @ 8:47 AM

Capacity for a will: The Banks test testator_capacity_sm

The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity, much due to the judicial foresight of Chief Justice Alexander James Edmund Cockburn, it has not been without criticism. It is hard to imagine Justice Cockburn foreseeing the depth of medical research into diseases such as Alzheimer’s, which we now rely upon in the present day, but the considerations he included in his test remain. ... [read more]

Thursday, October 31, 2019 @ 8:24 AM

MARRIAGE - What constitutes common-law relationship - Property and benefits rights

Appeal by the husband from a decision dismissing his application for retroactive spousal support, unjust enrichment and consequent constructive trust in 12 properties, a declaration that there was a joint family venture in the accumulated value of the properties, and an order for the return of his shares in an Indigenous staffing company. ... [read more]

Wednesday, October 30, 2019 @ 8:22 AM

Proprietary estoppel: Promises made, promises broken lonesome_cowboy_sm

Justice Susan Woodley’s opening lines in Mulholland v. BMO Trust Co. 2019 ONSC 5785, are telling: “Few proceedings are as complicated, contentious, or costly, as an estate dispute amongst family members. This proceeding is no exception.” ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]

Tuesday, October 29, 2019 @ 9:10 AM

Whole new look at limitation periods in family law Calendar with pencil

In Ontario, is there an irrefutable presumption that a domestic contract is valid if not set aside within two years from when a claim ought to have been discovered? The case of F.K. v. E.A., 2019 ONSC 3707 suggests such a conclusion. ... [read more]

Tuesday, October 29, 2019 @ 9:02 AM

New Intestate Succession Act poses challenges for Saskatchewan lawyers

Individuals dying without a will in Saskatchewan will now have their estate examined through a new legal lens. Effective Oct. 1, the province has proclaimed the Intestate Succession Act, 2019. One of the key differences between the new legislation and its predecessor, passed in 1996, deals with common descendants, individuals who are both descendants of the intestate and the spouse. ... [read more]

Monday, October 28, 2019 @ 8:32 AM

Nova Scotia decision on dependants’ relief redefines testator’s ‘liberty’ money_fight_sm

The Nova Scotia Supreme Court has ruled that portions of the province’s dependants’ relief legislation, which allow adult independent children to apply for variation of a will because it provides inadequate maintenance and support, are unconstitutional. ... [read more]

Monday, October 28, 2019 @ 8:24 AM

MARITAL PROPERTY - Equalization or division - Asset types - Business, commercial or non-family assets

Appeal by the husband from a judgment valuing family property and determining his income for support purposes. ... [read more]

Friday, October 25, 2019 @ 5:16 PM

SCC refuses to stay Quebec divorce action in case involving competing divorce claims in Belgium

In a Quebec divorce case involving a wealthy couple with competing matrimonial property claims in Quebec and Belgium, the Supreme Court of Canada has 6-1 refused to stop the Quebec court from proceeding with the case, in a judgment which provides guidance on the scope and application of the international lis pendens exception under Quebec’s private international law (PIL). ... [read more]