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Thursday, June 07, 2018 @ 11:03 AM

At divorce and separation time, the children want to be heard | John-Paul Boyd

Recent research from Rachel Birnbaum and Michael Saini provides fascinating insight into children’s experience of their parents’ separation and their participation in family law disputes. ... [read more]

Wednesday, June 06, 2018 @ 5:34 PM - Last Updated: Wednesday, June 06, 2018 @ 7:21 PM

Stressed employees at CBA’s Ottawa office move to unionize the 122-year-old national organization Exclusive

The Lawyer’s Daily has learned that workers at the national headquarters of the Canadian Bar Association (CBA) in Ottawa have filed an application to unionize ... [read more]

Monday, June 04, 2018 @ 12:28 PM

Family mediation finally going mainstream: Justice Gloria Epstein mediansymbol_sm.jpg

“There has been a paradigm shift in family law, away from the traditional adversarial role of solving family law disputes,”  Justice Gloria Epstein, a judge of the Court of Appeal for Ontario, said in her keynote address to more than 120 attendees of the second bi-annual Unconference, held May 3, 2018, at the Centre for Social Innovation and organized by the Family Dispute Resolution Institute of Ontario (FDRIO). ... [read more]

Monday, June 04, 2018 @ 8:25 AM

The First Nations’ agenda in the Ontario election | Pamela Palmater

In Ontario, many First Nations have their focus on Election 2018 and what it might mean for their relationship with the Crown in right of the Province of Ontario. In theory, it shouldn’t matter which party gets elected in Ontario assuming they follow the rule of law which includes respecting Indigenous laws, the right to be self-determining, inherent rights, Aboriginal rights and title, treaty rights and the right to free, prior and informed consent. However, we know from practice that federal and provincial governments breach Aboriginal rights more than they honour them – so in that respect, it really does matter which party is elected – at least to some degree. ... [read more]

Friday, June 01, 2018 @ 3:28 PM

Approaches to grandparental access Grandfolks_sm.jpg

Grandparents are increasingly called upon to assist with child care. They are often available on a moment’s notice and adore caring for their darling grandkids — for most grandparents it’s not a job, it’s a pleasure and privilege. However, this harmonious family interdependency can lead to conflict and heartache when there is an unfortunate breakdown in the relationship of the parents or the untimely death of a parent. ... [read more]

Friday, June 01, 2018 @ 2:30 PM

Harper Grey adds five associates

Five new associates have joined the ranks of Harper Grey LLP. ... [read more]

Wednesday, May 30, 2018 @ 1:01 PM

Three appointments for Ontario Superior Court of Justice

The Superior Court of Justice for Ontario has three new judges sitting on its benches. ... [read more]

Tuesday, May 29, 2018 @ 8:40 AM

MARRIAGE - Capacity to marry - Mental capacity - Annulment of marriage

Application by the Hunts for costs against the respondent Worrod, Legal Aid, and Worrod’s counsel. ... [read more]

Monday, May 28, 2018 @ 1:39 PM

What’s in a name? Divorce Act amendment not enough to reduce parental conflict Parentsgoingseparateways

The impetus in the fights between parents does not begin when spouses read the terms “custody” and “access” in the Divorce Act. Therefore, unless there are additional provisions added to the proposed amendments, the family conflicts will likely continue even with the replacement of the terms “custody and access” with “parenting” as introduced by Bill C-78. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]