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Thursday, April 21, 2022 @ 10:16 AM

Family justice in Ontario: Moving towards a ‘new normal’ Empty courtroom

This week family courts across the province began their march towards a “new normal.” On March 17, Chief Justice Geoffrey Morawetz announced that beginning April 19, there would be a presumptive return to in-person hearings for all case conferences, settlement conferences, trial management conferences, long motions and trials. Other hearings, including first appearances and regular motions, will presumptively be held by videoconference. ... [read more]

Thursday, April 21, 2022 @ 9:15 AM

Feds appoint three judges to Ontario Superior Court of Justice

The federal Department of Justice (DOJ) on April 20 announced the appointments of three judges to the Ontario Superior Court of Justice. ... [read more]

Thursday, April 21, 2022 @ 9:03 AM

Wellness: Five ways to cope with emotions of difficult clients | Darryl Singer

As I write this, I have just completed an examination for discovery. My client was examined for several hours about a traumatic event which gave rise to the lawsuit. Several times during her Zoom testimony, I had to turn off my camera as I was tearing up. I routinely represent victims of institutional sexual assault in civil lawsuits, and in every one of these cases each interaction with the client left me feeling sad. ... [read more]

Thursday, April 21, 2022 @ 6:25 AM

MAINTENANCE AND SUPPORT - Child support - Circumstances where order refused - Enforcement of orders

Appeal by appellants from order setting aside Ontario registration of Finnish support order for Bougrine’s children. Bougrine and Krause were married in Finland, but they divorced. They had two children. Bougrine resided in Ontario while Krause resided in Finland with their children. The District Court of Varsinais-Suomi in Finland awarded custody of the two children to Krause and made a support order requiring Bougrine to pay child support of 350 Euros per month per child. ... [read more]

Wednesday, April 20, 2022 @ 10:51 AM

‘No’ to shared parenting presumptions | Pamela Cross

In his recent article in The Lawyer’s Daily, Gene C. Colman takes the position that the majority of Canadians support creating a rebuttable presumption in favour of shared parenting in family law (“Equal shared parenting has huge support”).  ... [read more]

Wednesday, April 20, 2022 @ 10:41 AM

We are all here to stay | Joan Jack

Now that the Pope has apologized, maybe things will be different for us. I doubt it. The change must come from within the hearts of every Canadian and, with all due respect, I don’t think the Pope has that kind of influence over the average Canadian. ... [read more]

Tuesday, April 19, 2022 @ 1:19 PM

Mother murdered by son, his daughter gets half-share of estate Elderly hands signing a will

In Canada, there is a rule of public policy which prevents a person responsible for another person’s death of taking any benefit. This has implications in estate administration, as was the case in the recent B.C. Supreme Court decision in Unger Estate (Re) 2022 BCSC 189. ... [read more]

Tuesday, April 19, 2022 @ 11:37 AM

Ontario case suggests that abuse of opposing counsel may amount to family violence Big fist breaking

In a recent article I explored the potential scope of the new tort of family violence established in the Ontario Superior Court of Justice case of Ahluwalia v. Ahluwalia, 2022 ONSC 1303 within the context of the potential broad definition of a “family member.” A preceding Ontario Superior Court of Justice case, Armstrong v. Coupland, 2021 ONSC 8186, may further expand the potential scope of the new tort. ... [read more]

Tuesday, April 19, 2022 @ 9:19 AM

Treatment of animals by Canadian legal system slowly evolving, legal experts say V. Victoria Shroff, Shroff & Associates

How the law treats animals is slowly evolving in Canada, away from a concept which considers them merely property towards one which gives them more and more legal rights. ... [read more]

Tuesday, April 19, 2022 @ 8:43 AM

MARITAL OR FAMILY PROPERTY - Asset types - Business, commercial or non-family assets

Appeal by the husband from the order of a family chambers judge appointing the wife as a director of Shenner Investments Ltd. ("Shenner Investments") in place of the husband for the purpose of voting in any Zybertech Construction Software Services Ltd. ("Zybertech") shareholders’ meetings. The parties each owned 50 per cent of the shares in Shenner Investments. ... [read more]