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Wednesday, June 21, 2017 @ 02:39 PM

Ontario plans new courthouse for Halton Region

Ontario is investing in a new courthouse in Oakville that will help families settle disputes faster, reduce time to trial and better serve the needs of people living and working in Halton Region. ... [read more]

Wednesday, June 21, 2017 @ 08:48 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Types - Separation agreements - Consensus, lack of - Misrepresentation - Fraudulent or intentional misrepresentation

Appeal by the husband from an order setting aside the parties’ separation agreement, awarding the wife equalization, and ordering the husband to pay retroactive child support of $450,000. The parties met in 1991 when the wife worked as a lawyer and the husband and his businesses were clients of the firm where she worked. They moved in together in 1993 and the husband commenced divorce proceedings against his former wife. The wife started working exclusively for the husband and his companies in 1993. The parties’ three children were born in 1994, 1997 and 1999. The husband’s outstanding family law proceedings with his former wife were settled in 1999. The wife left the practice of law in 2001. The parties separated in 2008. The wife accepted the husband’s figures for the valuation of their family property and agreed that she owed him almost $1 million in equalization. In their 2008 separation agreement, the wife was released from her obligation to make a $954,150 equalization payment. No child support was to be paid because the children were to spend equal time with both parties. The issue of child support was to be reviewed yearly after 2010. After she signed the agreement, the wife became concerned that the husband had overvalued the corporate assets he brought into the relationship, resulting in her owing him an equalization payment. Documents that were filed in the husband’s first divorce proceedings established that he essentially brought no assets of value into his second marriage. The wife applied in 2009 to set aside the separation agreement based on the husband’s misrepresentations about his assets, but her claim was summarily dismissed because she had failed to conduct her own investigation into the values when she had the opportunity to do so. She succeeded on appeal. The appeal judge found that the wife bore no onus to inquire about the veracity of the husband’s figures in circumstances where he made deliberate material misrepresentations. A trial was ordered, at which the husband was found to have intentionally misrepresented the value of his corporate holdings at the date of the marriage at $6 million over their actual value. The trial judge gave no value to litigation assets the husband claimed he was entitled to at the date of the marriage, finding that the deluge of litigation in which the husband was then involved and the lack of credible evidence upon which to determine the likelihood of settlement about any of the litigation receivables claimed precluded a reasonable assessment of their value. Retroactive child support was ordered because the wife’s post-separation income was lower than anticipated, while the husband’s was higher than anticipated, and because the husband had engaged in blameworthy conduct in misrepresenting his assets. ... [read more]

Monday, June 19, 2017 @ 12:36 PM

Nova Scotia Barristers' Society new leadership announced

The Nova Scotia Barristers’ Society announced its new leadership for the coming year at its annual meeting on June 17. ... [read more]

Monday, June 19, 2017 @ 08:44 AM

Bill 89 signals major reform of Ontario’s child welfare laws

Ontario’s Bill 89 is a major legislative overhaul to the province’s Child and Family Services Act, which first came into force more than three decades ago in 1984, and it will bring significant changes to the laws governing child protection, foster care, adoption and youth justice. The bill received royal assent on June 1, 2017, with the most significant part, the Child, Youth and Family Services Act, to come into force in the spring of 2018. ... [read more]

Friday, June 16, 2017 @ 08:37 AM

Impact of structured settlements on family law claims

In Hunks v. Hunks 2017 ONCA 331, a unanimous Ontario Court of Appeal determined that structured settlements annuity payments are income rather than property. Family law clients who suffer injuries during marriage and their lawyers will want to understand the options available for payment of settlement funds and the impact of structured settlements on potential family law claims. Depending on the size of the settlement, the financial consequences for clients on separation could be considerable. ... [read more]

Thursday, June 15, 2017 @ 01:30 PM

Cox & Palmer's Boucher wins leadership award

Cox & Palmer associate Jacqueline Boucher has won the Young Lawyers Leadership Award on behalf of the Saint John Law Society. ... [read more]

Thursday, June 15, 2017 @ 01:28 PM

Stewart McKelvey adds three new associates

East coast law firm Stewart McKelvey has added three new associates. ... [read more]

Thursday, June 15, 2017 @ 01:26 PM

Law society to honour ex-judge Nolan at call to bar ceremony

The Law Society of Upper Canada will present an honorary doctorate of law degree to former judge Mary Jo M. Nolan at its call to the bar ceremony in London, Ont., on June 19. ... [read more]

Thursday, June 15, 2017 @ 01:22 PM

Justice minister announces judicial appointments in B.C., Ontario

Justice Minister Jody Wilson-Raybould on Wednesday announced four appointments to the Supreme Court of British Columbia and one to Ontario’s Superior Court of Justice under the federal government’s new judicial application process. ... [read more]

Thursday, June 15, 2017 @ 06:26 AM

Judge Turpel-Lafond says Canada's justice systems should be ‘Indigenized’ Exclusive

The Saskatchewan provincial court judge viewed as a leading candidate to become the first Indigenous justice of the Supreme Court says ending the “incredible systemic racism” she sees every day from the bench requires “Indigenizing” the criminal justice and child welfare systems far beyond appointing a few more Indigenous judges. ... [read more]