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Tuesday, June 19, 2018 @ 1:41 PM

Bill C-78 amendments to the Divorce Act: ‘Rearranging the deck chairs’ titanicsinking_sm.jpg

The unveiling of Bill C-78 received almost uniform praise from the media and legal profession as the “first major amendment of the Divorce Act in 20 years.” ... [read more]

Monday, June 18, 2018 @ 9:52 AM

B.C. polygamy case ‘cries out for a more significant sentence’ than Crown recommendation: prof Janine Benedet, UBC Peter A. Allard School of Law

A number of legal observers are expressing surprise at the perceived low sentence recommended for two members of a B.C.-based fundamentalist Mormon sect convicted of polygamy, saying it may not be an enough of a deterrent for the individuals involved to stop their behaviour. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Wednesday, June 13, 2018 @ 11:24 AM

Both ‘opportunity’ and loss for lawyers in revamp of Manitoba family law, says legal mind Allan_Fineblit_sm

A report calling for the use of mandatory couples mediation in fixing Manitoba’s combative family law system could mean “opportunity” for some lawyers but less work for those doing “high conflict” cases, says a legal mind behind the paper. ... [read more]

Wednesday, June 13, 2018 @ 8:46 AM

Planning for succession of a cottage or vacation home: Matrimonial issues cottage_gift_sm

Owners of cottages or vacation homes often have concerns and worries when it comes to succession issues. Alleviating or minimizing these concerns requires a review of three main types of considerations: personal and emotional, tax and matrimonial issues. ... [read more]

Tuesday, June 12, 2018 @ 10:44 AM

A move toward shared parenting? Not so fast parentsonbike42

Family law is an ever-changing area of law. On May 22, 2018, the first reading of Bill C-78 occurred. Bill C-78 is titled “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act.” ... [read more]

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]