Focus On



Tuesday, May 03, 2022 @ 12:28 PM

Common questions on Spousal Support Advisory Guidelines Man sitting on books

Since the publication of the Spousal Support Advisory Guidelines: The Revised User’s Guide (April 2016), I have fielded many questions about the Spousal Support Advisory Guidelines. Like one of those movie trailers, I have listed the 23 questions, with a few quick “answers.” No real “spoilers” here, but a few “teasers.” ... [read more]

Tuesday, May 03, 2022 @ 10:23 AM

Mentors in the legal profession | Gary Joseph

For the most part change is a good thing. More specifically and germane to this piece, changes in the practice of law since I was called appear to me to be mostly positive, but I still regret some. I try to so hard to avoid sounding like some old dinosaur lamenting the old ways of practice but sometimes I just can’t help it. I am what I am, and I say what I think. So here goes. ... ... [read more]

Tuesday, May 03, 2022 @ 6:26 AM

CUSTODY, PARENTING, AND ACCESS - Best interests of child - Decision-making authority - Material change in circumstances

Motion by the mother seeking an order permitting her to have the child L, vaccinated against COVID-19 and to be permitted to arrange for any further booster shots approved by Health Canada for children of L’s age. The motion arose in the context of a Motion to Change brought by the mother to give her sole decision-making power over L’s health. ... [read more]

Monday, May 02, 2022 @ 1:57 PM

The importance of communicating with estate beneficiaries Two people sorting out communication

One of my late husband’s favourite sayings, along with putting “a rod in pickle for your own back” (the relevance of this one will become clear later in this article, but for a history of this saying, see The Phrase Finder and the Merriam-Webster Dictionary), was “start out how you mean to go on.” Good advice in a variety of situations, including for estate trustees (also referred to as executors) who are beginning to administer an estate. ... [read more]

Monday, May 02, 2022 @ 8:52 AM

The Coach: Most lawyers not suited to business of law | Gary Mitchell

Over the past 16 years, I have witnessed and observed the common personality traits and habits of lawyers. Of course, these are not just lawyer traits, these are human traits. But for some reason(s), which I will offer my hypothesis later in this article, these traits are heightened in most lawyers. ... [read more]

Friday, April 29, 2022 @ 12:37 PM

Liberal government unveils first bill to implement dozens of measures in 2022 federal budget

Deputy Prime Minister and Finance Minister Chrystia Freeland has introduced legislation to implement many of the measures announced in the federal budget this month, including amendments to create 24 new superior court judgeships and criminalize public denial of the Holocaust. ... [read more]

Friday, April 29, 2022 @ 11:56 AM

The misguided return to in-person family court hearings | Russell Alexander

On April 19, the processes that shepherd Ontario family law proceedings became subject to new court guidelines. Under an announcement issued by Chief Justice Geoffrey Morawetz, there is now a presumptive return to in-person hearings in many instances — to displace the use of virtual hearings made necessary at the height of the COVID-19 pandemic. ... [read more]

Thursday, April 28, 2022 @ 4:33 PM

New associate chief justice appointed to Supreme Court of Newfoundland and Labrador

The federal Department of Justice (DOJ) on April 28 announced the appointment of Rosalie McGrath, a judge of the Supreme Court of Newfoundland and Labrador, as the new associate chief justice of the Supreme Court of Newfoundland and Labrador. ... [read more]

Thursday, April 28, 2022 @ 12:04 PM

Personal liability of estate trustees in dependant support claims Dominos being stopped by a red figure

As a fiduciary for an estate, an estate trustee must comply with various legislation including the Succession Law Reform Act (SLRA) when disbursing estate assets and managing the estate. When dealing with a person who may be a dependant of the estate, and who may bring a Dependant Support Claim, estate trustees must adhere to s. 60 of the SLRA, failing which, they could be held personally liable. This article will consider the extent of an executor’s personal liability under s. 67(3) and remedies available to dependents should an executor disperse estate assets before a claim is heard. ... [read more]

Wednesday, April 27, 2022 @ 11:43 AM

Focusing on children in post-separation parenting | Nicholas Bala and Rachel Birnbaum

A new legislative scheme for the making of post-separation parenting plans (Bill C-78) has been in effect for just over a year, and in recent columns in The Lawyers Daily there are calls for more reforms. While there is some validity to the concerns raised about the present family justice process, the proposals will not properly address the underlying problems and fail to take account of the perspectives of children. ... [read more]