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Friday, December 20, 2019 @ 6:31 AM

MAINTENANCE AND SUPPORT - Child support - Retroactive awards

Appeal by the wife from a decision dismissing her claim for retroactive child support because the children were no longer children of the marriage. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Wednesday, December 18, 2019 @ 1:26 PM

B.C. task force looking at unmet legal need and where paralegals can help Trudi Brown, Brown Henderson Melbye

The chair of the Law Society of B.C.’s licensed paralegal task force said things are progressing slowly but surely as it works to fulfil its mandate to identify opportunities for the delivery of services by paralegals in areas where there is unmet legal need. ... [read more]

Wednesday, December 18, 2019 @ 12:12 PM

Collaborative divorce: An alternative to litigation People at meeting

Collaborative divorce has steadily increased in popularity since its inception in the early 1990s. In Ontario alone there are now over 20 practice groups with 620 professionals who practise collaborative divorce and separation. But what is collaborative divorce? ... [read more]

Wednesday, December 18, 2019 @ 8:43 AM

Death, consent and human reproductive material sperm_frozen_sm

In the recent case of L.T. v. The Estate of D.T. 2019 BCSC 2130, the Supreme Court of British Columbia ruled that a woman (Mrs. T) could not remove and store the sperm of her husband (Mr. T), who died suddenly and without a will, in order to create an embryo for reproductive use. The court considered novel arguments with respect to statutory interpretation and consent, as well as the critical need for clear and explicit planning with respect to genetic material. ... [read more]

Tuesday, December 17, 2019 @ 12:10 PM

Dilemma of maternity leave | Leena Yousefi and Julianne Yeager

This article is written by two mothers who are also lawyers. This is not an article about feminism. This is an article about the harsh reality female lawyers face when they decide to have a child. ... [read more]

Monday, December 16, 2019 @ 1:44 PM

When foreign divorce may not be valid in Canada Hand holding passport and ticket

In other countries, the preconditions for divorce are different than in Canada. Under s. 3(1) of the Divorce Act, a Canadian judge is not permitted to consider an application for divorce unless one of the spouses has been “ordinarily resident” in a Canadian province for at least one year immediately before the application. This however is not the case with all other countries. ... [read more]

Monday, December 16, 2019 @ 8:54 AM

New partner, two new associates for Lerners

Lerners LLP announced that Anna Matas has been made partner and associates Émilie-Anne Puckering and Mark Evans have joined the firm. ... [read more]

Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]

Thursday, December 12, 2019 @ 1:39 PM

FAMILY PATRIMONY - Establishment - Residences

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision declaring that the value of the family residence should be included in the division of the family patrimony. ... [read more]