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Tuesday, December 12, 2017 @ 9:13 AM

Can mediation-arbitration reduce clogged courts and improve access to justice?

Collaborative practice has grown out of disenchantment with the adversarial legal system’s assumption that positional bargaining necessarily protects the interest of parents and their children. Family mediation has become the go-to solution for both the public, who are seeking to avoid having to pay lawyers, and the government, which wants to reduce the cost of providing family law justice. ... [read more]

Tuesday, December 12, 2017 @ 8:00 AM

MAINTENANCE AND SUPPORT - Child support - Considerations - Attendance at educational institution - Variation of obligation - Child support guidelines - Exceptions and exemptions from Guidelines

Appeal by the mother from a child support variation order in respect of the parties' adult child. ... [read more]

Thursday, December 07, 2017 @ 8:28 AM

MAINTENANCE AND SUPPORT - Child support - Practice and procedure - Courts - Jurisdiction - Orders - Variation or amendment of orders - Reduction or rescission of arrears

Appeal by the father from a decision dismissing his application to vary a child support order on the basis that the Court had no jurisdiction under s. 17(1) of the Divorce Act (Act) to vary or discharge child support arrears where the application was brought after children were no longer children of the marriage. ... [read more]

Wednesday, December 06, 2017 @ 10:25 AM

SCC's examination of Hague Convention on child abduction has global interest Child abduction

The Office of the Children's Lawyer has asked the Supreme Court to endorse a more child-centric approach to interpreting and applying the Convention, and argued that the extent to which a child has integrated into a new environment should be at least as important to the analysis as parental intentions. ... [read more]

Monday, December 04, 2017 @ 12:41 PM

CUSTODY AND ACCESS - Considerations - Best interests of child - Conduct of parents - Parental alienation - Practice and procedure - Orders - Enforcement of orders - Appeals

Appeal by the mother from two post-trial judgment parenting orders. The parties had five children presently between the ages of eight and 16. The mother, now age 53, was a physician. The father, now age 56, was a former banker and property developer who was unemployed. ... [read more]

Wednesday, November 29, 2017 @ 2:50 PM

Ryerson launches initiative to reform family law

Faster. Simpler. Cheaper. ... [read more]

Wednesday, November 29, 2017 @ 10:14 AM

Challenges of parenting after separation made easier with Toolkit | John-Paul Boyd

The Canadian Bar Association’s family law section, in partnership with the Canadian Research Institute for Law and the Family, has published a useful new resource for family law lawyers and their clients. ... [read more]

Friday, November 24, 2017 @ 8:51 AM

Lawyers back Family Law Act change, but say disability definition may become issue Ryan McNeil sm

The Ontario government has introduced an amendment to the province’s Family Law Act that would make all children with disabilities eligible for child support regardless of whether their parents were ever married. ... [read more]

Friday, November 24, 2017 @ 8:44 AM

Judges urge changes to speed up discovery process, adopt technology Fred_Myers_and_Andrew_Peck

Judges on both sides of the Canada-United States border want to see more efficient discovery processes and more use of predictive coding/technology assisted review (TAR). ... [read more]

Thursday, November 23, 2017 @ 9:57 AM

Courts consider whether alcohol mixes with employment in imputing income

Society and the courts recognize that many factors contribute to substance abuse and addiction, and that any illness, including alcoholism, is rarely a matter of fault. However, when an individual attempts to use alcoholism to gain a monetary advantage in the courts, the refusal or failure of a party to take all reasonable steps to deal with such an illness can be viewed critically. ... [read more]