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Thursday, April 29, 2021 @ 2:34 PM

Ontario estate law gets an overdue update Bullhorn and word "update"

Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On Feb. 16, the Ontario government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on the Legislative Assembly. ... [read more]

Thursday, April 29, 2021 @ 10:30 AM

Alberta court wrestles with Gordian knot of adult interdependent partner claim Two people holding hands

In a remarkable recent Alberta Court of Queen’s Bench decision, Mitchell v. Reykdal 2021 ABQB 301, Justice Anna Loparco wrestles with a true Gordian knot in an adult interdependent partner claim. ... [read more]

Thursday, April 29, 2021 @ 8:45 AM

Sentencing after sex assault conviction Man in jail, head in hands

“A wise judge, long since retired, once said to me: ‘Sentencing a fellow human is the hardest part of the job.’ ” So said Justice Shaun Nakatsuru in R. v. R.S. 2021 ONSC 2263. There are certainly cases in which the balancing of factors which a judge must undertake is more difficult than others. The ongoing pandemic has shifted the balance and caused a reconsideration by most jurists of the impact of incarceration. While custody is generally the sentence of last resort, some cases cry out for it. None more so than those involving the victimization or attempted victimization of children. However, the dangers faced during incarceration have increased with the onset of COVID-19. ... [read more]

Thursday, April 29, 2021 @ 6:20 AM

MARITAL PROPERTY - Equalization or division - Contribution of parties - Duration of marriage

Appeal by the wife from the equalization of net family property. The parties were married for four years and had no children. A substantial amount of the appellant’s net family property was derived from gifts from the respondent. ... [read more]

Wednesday, April 28, 2021 @ 12:09 PM

Bill 218: The death of memory — six months later | Marvin Zuker

What lessons have we learned from the last six months and beyond about Ontario long-term care homes? And perhaps even more importantly, what has the independent Long-Term Care COVID-19 Commission inquiry, chaired by former associate chief justice of the Ontario Superior Court Frank Marrocco, learned? ... [read more]

Wednesday, April 28, 2021 @ 8:30 AM

B.C. law society in good financial shape after first three months of 2021

The Law Society of British Columbia (LSBC) is in the black after the first three months of 2021, according to numbers revealed at its April 23 bencher meeting. Revenue in the law society’s general fund for the quarter ending March 31 was $7.8 million, $1.1 million ahead of what had been previously budgeted, with operating expenses at $6.5 million. ... [read more]

Tuesday, April 27, 2021 @ 11:13 AM

Can you set aside default order in Ontario family court? Family law binder with pen and paper

We are sometimes approached by clients who need help to set aside a default order. There are various reasons that one of the parties cannot join the court proceedings — that party may be out of the country, ignored the service of the documents, may be sick, etc. A default order is made when there is no defence given by one of the parties. ... [read more]

Monday, April 26, 2021 @ 4:13 PM

Supreme Court in Halifax moves back to ‘essential services model’, provincial court stops in-person hearings

Nova Scotia’s provincial court has suspended in-person proceedings across the province due to new cases of COVID-19, while its Supreme Court general division in Halifax has returned to an essential services model after some staff were told to self-isolate. According to an April 26 notice, the suspension of provincial court in-person hearings would be effective immediately and be in place until at least May 21, at which point the situation will be re-evaluated. ... [read more]

Monday, April 26, 2021 @ 2:07 PM

When related criminal proceeding postpones civil action’s limitation period Thumb starting a stop watch

For most civil actions in Ontario, a plaintiff must bring their lawsuit against the defendant within two years. But the two-year limitation period may be postponed where the action is not yet an “appropriate means” to remedy the plaintiff’s loss under ss. 5(1)(a)(iv) of the Limitations Act, 2002, S.O. 2002, c.24, Sched. B (the Limitations Act). ... [read more]

Monday, April 26, 2021 @ 1:51 PM

Potential conflict of child vaccination during COVID: More areas of impact Silhouette of woman about to give child a needle

In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. ... [read more]