Focus On



Wednesday, December 04, 2019 @ 1:27 PM

Compelling circumstances unclear after court cancels parent’s interim move: lawyer Joanne_Moser_sm

A Saskatchewan court has clouded the extent to which compelling circumstances are needed to allow a divorcing parent to move away with their children pending trial in its quashing of an interim order given to an impoverished mother of three wanting to relocate closer to her family, says her lawyer. ... [read more]

Monday, December 02, 2019 @ 1:42 PM

Stopping child support payments to an ex-spouse when child changes residence Child puts money in piggy bank

As children get older, various factors can result in a child migrating from one home to the other after separation — including changing needs, wanting to plan their activities, parent-child conflict. But just because a child’s primary residence changes does not mean the child’s need for financial support changes. ... [read more]

Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]

Monday, December 02, 2019 @ 9:22 AM

CUSTODY AND ACCESS - Practice and procedure

Appeal by the husband from summary judgment granting the wife primary residence, the husband prescribed conditional access, $736 in monthly child support and $250 per month in s. 7 expenses. ... [read more]

Friday, November 29, 2019 @ 12:08 PM

With temporary support order appeals stopped, meritorious appeals must wait Hand blocks man

Recently, a panel of the Divisional Court released reasons for denying leave to appeal (which is notably unusual for them) and sent a strong message to the family law bar to stop the continuing pattern of applying for leave to appeal temporary support orders as a matter of course. ... [read more]

Thursday, November 28, 2019 @ 1:56 PM

Capacity for powers of attorney: A legal test brain_gears_sm

Last month we looked at the capacity for a will. Now we will look at the capacity for powers of attorney, mainly the power of attorney for property and power of attorney for personal care. ... [read more]

Thursday, November 28, 2019 @ 6:27 AM

CONFLICTS BY LEGAL AREA - Divorce, including recognition of foreign divorce

Appeal by the husband from summary judgment declaring the parties’ Russian divorce invalid. ... [read more]

Wednesday, November 27, 2019 @ 4:08 PM

What you don’t know can hurt you Woman entangled in rope

Not every survivor of family violence walks into her lawyer’s office with a broken arm or black eye. Identifying the subtler forms of abuse is challenging. Coercive controlling behaviours, including emotional and psychological abuse and financial control, don’t leave visible injuries. As a result, the victim may be unaware of the extent of the abuser’s control over her or, indeed, that his treatment of her is a form of abuse. ... [read more]

Tuesday, November 26, 2019 @ 1:00 PM

Mother awarded costs after father tries (and fails) to play hardball Fist bumping against hand

Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisions that enforce the idea that court orders are not suggestions, but orders to be obeyed. In this case, Justice Pazaratz sends a strong message “hardball” tactics are not only ineffective, but will result in adverse cost consequences. ... [read more]

Tuesday, November 26, 2019 @ 9:03 AM

Time to invest in justice | Trevor Farrow and Mary Condon

Justice affects everyone. We know that almost 50 per cent of adult Canadians will experience a significant civil or family justice problem over any given three-year period, meaning essentially all of us in our lifetime. Everyday legal problems include debt issues, divorce, lost employment, wage or other discrimination, consumer problems and any number of other issues. ... [read more]