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Friday, April 20, 2018 @ 9:42 AM

At divorce time, should Rover be treated like child or chattel? divorcedog.jpg

The ethical treatment of animals has been a continuing trend in modern times, but have we now reached a point where in family law, courts may start considering the best interests of the family pet in deciding who gets custody of the dog or cat in a divorce? If the dissenting judge in a recent decision from the Court of Appeal of Newfoundland and Labrador has her say, our courts may be moving in this direction. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]

Monday, April 16, 2018 @ 12:32 PM

Legal aid eligibility increase means greater access to justice for low-income Ontarians Yasir Naqvi sm

Legal Aid Ontario (LAO) has received a boost from the provincial government as the financial eligibility threshold for legal aid has increased by six per cent. ... [read more]

Monday, April 16, 2018 @ 10:34 AM

Spotting and curtailing emotional harm during separation and divorce McGuirk,family_sm.jpg

Separation and divorce, herein referred to as separation, is a human experience in a legal world. The dissolution of a union is a legal and emotional process for our clients, as they dismantle their old lives and embark upon building a new life for themselves and their child or children. Emotional harm to children through separation is an insidious form of maltreatment. It is subtle and slow, but with time and consistency the presence of adult conflict through separation can eat away at the fabric of children’s mental health, parental bonds and the healthy functioning of families as a whole. ... [read more]

Monday, April 16, 2018 @ 9:00 AM

Hi-Tech: Free online legal resources good news for lawyers | Luigi Benetton

Are you an in-house counsel looking for ways to help control outside legal expenses? There’s good news: certain law firms are making “boilerplate” expertise available online — no obligation, no cost. ... [read more]

Monday, April 16, 2018 @ 8:56 AM

CUSTODY AND ACCESS - Considerations - Best interests of child - Maximum contact principle - Custody - Sole custody - Access - Primary residence - Removal of child from jurisdiction

Appeal by Brand from an order granting Reeves sole custody with permission to relocate from Ontario to Nova Scotia with the child. ... [read more]

Friday, April 13, 2018 @ 8:30 AM

Eldercare and the new reality in estates law elder_care_sm

In the next decade Canadian baby boomers stand to inherit about $750 billion which is a direct consequence of our aging population. Another consequence of that is the rising incidence of dementia and other cognitive disorders which is already at epidemic levels and will only get worse in the future. ... [read more]

Thursday, April 12, 2018 @ 8:50 AM

MAINTENANCE AND SUPPORT - Child support - Considerations - Ability to pay - Second families - Retroactive awards - Spousal support - Considerations - Ability to pay - Second families

Appeal by the wife from an order awarding her retroactive child support, but denying her retroactive spousal support. ... [read more]

Thursday, April 12, 2018 @ 8:43 AM

What does a high-conflict separation and divorce look like? Cheryl Suann Williams

High-conflict separations and divorces represent about 10 per cent of the approximately 70,000 annual divorces in Canada. They often result from one or both of the parties having high-conflict personalities. There are behaviours, both typical and unique, of the high-conflict party and consequences for their conduct that family law lawyers should be aware of. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]