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Monday, October 23, 2017 @ 12:44 PM

B.C. Court of Appeal ruling clarifies family member exclusions in insurance cases Christopher Rhone, Branch MacMaster LLP

The British Columbia Court of Appeal has offered clarification in the concept of family member exclusions in homeowner insurance policies, a ruling the lawyer for the insurance company says creates “consistency and predictability” for insurers. ... [read more]

Monday, October 23, 2017 @ 9:25 AM

Access to justice pilot project highlights need to inform Ontarians of language rights Cameron Fiske sm

Practices established through a pilot project to enhance access to justice in French have been made permanent at the Ottawa courthouse after the Ministry of the Attorney General released a final report on the project’s priorities and recommendations. ... [read more]

Monday, October 23, 2017 @ 8:40 AM

MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Spousal support - Considerations - Agreement - Circumstances where order refused

Appeal by the wife from denial of spousal support and imputation of income. ... [read more]

Friday, October 20, 2017 @ 11:18 AM

Saskatchewan may regulate paralegals to solve ‘access to justice crisis,’ says scholar Sarah_Buhler_sm

In a bid to cope with an “access to justice crisis,” a task team in Saskatchewan is exploring the option of using regulated paralegals as a way of expanding the roles of non-lawyers in that province, says a Saskatoon scholar. ... [read more]

Thursday, October 19, 2017 @ 9:21 AM

Staffing, legal aid issues plaguing B.C. courtrooms: lawyers Richard Fowler, Fowler Blok Law

Concerns are being raised about the lack of sheriffs in British Columbia's courtrooms, a shortfall the provincial attorney general is promising to address. But a prominent criminal lawyer said staffing is only the “tip of the iceberg” when it comes to issues in B.C.'s judicial system. ... [read more]

Thursday, October 19, 2017 @ 8:37 AM

CUSTODY AND ACCESS - Practice and procedure - Orders - Costs - Impact of bankruptcy

Appeal by the mother of an order of the Superior Court of Justice lifting an automatic stay arising from the appellant’s bankruptcy. ... [read more]

Wednesday, October 18, 2017 @ 8:57 AM

DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Types - Cohabitation agreements - Interpretation

Appeal by Metzer of a Superior Court of Justice decision in a dispute involving a cohabitation agreement. ... [read more]

Monday, October 16, 2017 @ 3:21 PM

Intellectual disabilities legislation an improvement, but may leave some too vulnerable, says lawyer Michelle_Morgan-Coole_sm

Nova Scotia is set to see new legislation giving adults with intellectual disabilities more freedom and independence after current laws were deemed unconstitutional last year by the province’s highest court. ... [read more]

Monday, October 16, 2017 @ 9:37 AM

The emergence of a legal test in Ontario for enforcing religious marriage contracts

Both in Judaism and Islam, marriages are civil contracts that provide for a monetary amount owed by the husband to the wife. Since Canadian law recognizes the validity of such marriages, where applicable, the terms of these contracts are often raised and disputed in divorce proceedings in Ontario. ... [read more]

Monday, October 16, 2017 @ 8:45 AM

Access to Justice: Interview with Justice George Czutrin | Thomas Cromwell

Family law is a flash point for access to justice. Some jurisdictions report that as many as 70 per cent of family law litigants appear in court without legal representation. And with or without representation, the stress of legal proceedings adds to the burden of an already emotionally charged situation. The impact on children of conflict and delay in its resolution is hard to overestimate. ... [read more]